HARRIS V. TIME, INC.
191 Cal. App. 3d 449 (1987)
NATURE OF THE CASE: Harris (P) appealed a decision which sustained Time's (D) demurrer in
Ps' class action suit as to breach of contract and unfair advertising.
FACTS: Joshua, a three-year-old got a tantalizing offer in the mail from D. The envelope
revealed the following statement: 'JOSHUA A. GNAIZDA, I'LL GIVE YOU THIS VERSATILE NEW
CALCULATOR WATCH FREE Just for, Opening this Envelope Before Feb. 15, 1985.' Joshua's mother
opened the envelope and realized when the full text was revealed it contained following
additional words: 'AND MAILING THIS CERTIFICATE TODAY!' Joshua was required to purchase a
subscription to Fortune magazine in order to receive the free calculator watch. P launched a
$15 million lawsuit in San Francisco Superior Court. The complaint alleged one cause of
action for breach of contract, three causes of action for statutory unfair advertising, and
four causes of action for promissory estoppel and fraud. D demurred for failure to state
facts sufficient to constitute a cause of action. The court sustained the demurrer. D also
obtained summary judgment on the causes of action for unfair advertising. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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