Lexmark is a manufacturer and distributor of ink cartridges for computer printers. It introduced a rebate plan called Return Program Cartridges whereby a consumer could receive a “prebate” (i.e., a discount upon purchase) on ink cartridges. This price discount was given in exchange for an agreement by the consumer not to tamper with the cartridge. The consumer simply had to agree to return the empty cartridge to Lexmark. The agreement was printed on the ink cartridge box, and Lexmark claimed that by opening the box the consumer agreed to the terms of the Return Program Cartridges program. A consumer group challenged Lexmark’s program, contending, among other things, that Lexmark could not enforce an agreement on the box because the consumer had never formally accepted the terms of Lexmark’s offer.

CASE QUESTION

Can one party be deemed to accept an offer simply by opening a product box even if there is no evidence that the party actually read the terms?