Dear Melinda,
This letter is in response to your inquiry regarding legal action against “The Joints Cure Company”. Whether or not you have grounds to sue the company for the money that you are allegedly owed is dependent on whether a legally binding contract exists. The elements we must prove in order to have the grounds to take legal action are an offer, acceptance and agreement.
As the advertisement stated, anyone who developed arthritis after using the cream, according to the directions, would be paid $500. Your statement and medical condition matches the conditions of the advertisements eligibility for the money. However, we must prove the essential sections of the contract are present.
An offer is “a promise by a person (the offeror) to another person (the offeree) to act in a certain
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Acceptance was made by buying the cream and using it as directed. It is clear the Joints Cure Company did not intend for verbal communication of acceptance, otherwise it would have been stated on the advertisement.
Agreement between the offeror and offerer needs to exist for a contract to be legally binding, which is, a meeting of minds. The way to determine this is whether a reasonable person would believe a contract existed (objective approach). In your case, agreement is present as the offer was accepted, and a reasonable person would come to the conclusion that a contract was agreed with acceptance of the offer.
The Joint Cure Company is refusing to pay as they argue the advertisement was a mere sales puff. It is evident, through the deposit of the money that the company intended to pay up to anyone that developed arthritis. The deposit was made to demonstrate the sincerity of the advertisement. Therefore, their intention is not a simply a mere sales puff, it is an offer that they intend to follow through with, if the need
