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Legal Tips


to be humorous. Leonard took Pepsico to court, and was given short shrift – the judge ruled that it was simply not reasonable for anyone to take the view that this was a serious offer of a contract, so there was nothing available for him to accept.


Be careful what you progression of


offer to the world The


The application of that principle is wider than rewards and promotions, as it could also include statements made as to the quality of a particular product or its suitability for a purpose. As businesses try to engage with potential customers by demonstrating ways in which their products can be used, for example, they may in fact be giving warranties that the product is fit for that purpose.


these cases,


from a newspaper advert through a television advert and on to social media, show clearly that it is possible to offer contractual terms “to the world.” Provided it is clear and specific enough for someone to understand what the substance of the contract would be, and provided that it is not clearly a joke, contractual terms can be offered by any medium – and social media are no exception to that rule.


Another point to consider is the status of an offer contained in a “mention” on Twitter, for example a response to a specific customer complaint or a special price being offered to someone in specific circumstances. If that offer were made by email or Twitter DM, i.e. a private communication, it would be made only to the recipient and clearly only capable of being accepted by them. If the offer is made in a tweet that mentions them, the position is


less clear – although it is generally accepted that mentions are equivalent to addressing a tweet to someone, they are nevertheless public and it may therefore be possible to argue that the offer is being made to anyone in the same situation.


The overarching principle should be that social media should be taken as seriously by businesses as any other medium.


provide businesses with the ability to communicate rapidly with customers and potential customers, this should not prevent thought being put into what is said on them – and care should be taken not to make accidental offers to the world.


David Willbe is a counsel in the London office of Crowell & Moring, an international law firm. Follow them on Twitter @CrowellLonCorp


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