Harris v. Time, Inc

In Harris v. Time, Inc. (1987) 191 Cal.App.3d 449, Time, Inc. sent a direct mail advertisement which had a window revealing a statement that the recipient would receive a new calculator watch free just for opening the envelope by a designated deadline. The full text of the offer was revealed only on opening. It required the recipient to purchase a magazine subscription to receive the free watch. The Harris court concluded that "Time had no means of learning of the acceptance by performance. Thus the recipients of the offer were required to provide Time with notice of their performance within a reasonable period of time. Absent such notice, Time could treat the offer as having lapsed before acceptance. " (Id. at pp. 456-457.)