Skinny You is a new "weight loss pill." It is being sold by the company; Skinny Products Inc. Advertisements were placed in the back of Teen Beauty magazine that provided potential consumers with information about the success rate of the pills-"Weight Loss of 10 pounds in 10 days if used as instructed." Skinny Products Inc. guaranteed the weight loss by saying that if customers did not lose 10 pounds in 10 days then they would receive $100. To increase consumer confidence of the money being paid Skinny Products Inc. stated that it had put money in trust. Latisha purchased Skinny You and used it for 10 days, as instructed, but only lost 4 pounds. Can she sue Skinny Products Inc. for breach of contract?
A) No, the advertisement did not amount to an offer.
B) Yes, the advertisement amounted to an offer.
C) Yes, the advertisement amounted to an offer, but the weight loss claims were marketing claims that were not binding.
D) Yes, the advertisement did not amount to an offer, but Latisha's purchase constituted the formation of a unilateral contract incorporating the terms of an invitation to treat.
E) No, the advertisement amounted to an invitation to treat.

Question

Quizplus · Accepted Answer

The advertisement constituted an offer because it included a clear promise of a specific result (10 pounds in 10 days) and a guarantee of $100 if the result was not achieved, which Latisha accepted by purchasing and using the product as instructed.

Skinny You Is a New "Weight Loss Pill