Use the FIRAC Model to analyze Wendy’s claims against McDavid’s Restaurant.
McDavids Restaurant, famous for its purple arches, French fries, burgers, and Fun Meals, utilizes a variety of forms of media to advertise its menu, including TikTok ads. In a recent national campaign, consumers could earn “McDavids Money for specific food or drink purchases from franchised stores that they could exchange for certain food or drink items, or various promotional items.
Consumers could obtain McDavids Money in three ways:
with the purchase of a kids Fun Meal;
purchase of large-sized drinks that contained pulloff tabs with varying amounts of McDavid’s Money; and
an unlimited amount of McDavid’s Money could be purchased from McDavids.com by submitting an order for an online direct purchase of McDavid’s Money ($0.05 for 1 McDavid’s Dollar).
One TikTok advertisement featured their primary mascot, Donald McDavid, hanging a famous Jesus LaSalle original painting entitled Heart of a Rainbow in his house while stating, you can purchase this item for 2,000,000 McDavid’s Money dollars.
Art collector Wendy Thomas saw the Donald McDavid ad on TikTok on October 1, 2020. She owns two other LaSalle paintings and was eager to obtain Heart of a Rainbow. After seeing the ad, Wendy purchased one large drink from McDavids containing a pull-tab worth 25 McDavid Money dollars. Over the next several weeks, Wendy purchased another 1,999,975 McDavid Money dollars online for $99,998.75. This brought her total McDavid money balance to 2 million McDavid Money dollarsthe amount Donald McDavid stated was necessary to obtain this original LaSalle painting.
The next day, Wendy presented the 2 Million McDavid Money dollars to her local McDavids franchise in Toledo, Ohio to acquire Heart of a Rainbow. Employees at the franchise refused to process Wendys McDavid’s Money and told her to contact corporate headquarters. The following day, Wendy presented her McDavid’s Money at McDavids Headquarters in Detroit, which also refused to accept the McDavid’s Money in exchange for the original painting. After consulting with an attorney, Wendy has sued McDavids, Inc., for breach of contract, claiming that the TikTok ad created an offer of a unilateral contract for Heart of a Rainbow that she accepted when you tendered 2 million McDavids Money dollars.