Essay 1 Enertainment Law.docx - Sasson 1 Ariel Sasson Professor Wills Entertainment Law 7th October 2019 Essay 1 enter into a contract needs to be

Essay 1 Enertainment Law.docx - Sasson 1 Ariel Sasson...

This preview shows page 1 - 2 out of 5 pages.

Sasson 1 Ariel Sasson Professor Wills Entertainment Law 7 th October 2019 Essay 1 enter into a contract needs to be applied to the following facts. Mary attended the film society meeting and approached Mr. Shifty stating that she had a synopsis of a story that she would like him to look at. Mr. Shifty responded and gave her his business card and telephone number. Next, Mr. Shifty told Mary that “Anything that you send, I will accept.”, the next day Mary mailed the synopsis to Mr. Shifty. One year later Mary saw previews for a new movie produced by DreamWorks Pictures that were identical to her story. To help determine if Mr. Shifty had willingness, an individual needs to apply the three essentials of an offer. The first essential, communication, was not present. The offeror (Mr. Shifty) did not communicate the offer in an intended manner. Mr. Shifty did not authorize the offer and the mutual assent of both Mary and Mr. Shifty was not present. For the communication of the offer to be valid, a reasonable person must be able to assume that an offer has been made. From the facts of Mary’s encounter with Mr. Shifty, a reasonable person would not be able to decide that an offer has been made. To a reasonable person this would have just been considered casual conversation. The second essential is whether Mr. Shifty has the intent to enter into a contract because of his offer. For the offer to have legal effect, Mr. Shifty must have conveyed an intent to Mary that he wanted to enter a contract with her and was formally making an offer. In this case, Mr. Shifty made a statement that may indicate a willingness to make an offer, but it was not an offer itself. Also, because of the situation both individuals were in (a college campus event), a reasonable person or court room would not see intent from Mr. Shift’s side. Mr. Shifty is being kind to Mary, stating that she can send her some work she has completed and he can take a look at it. Mr. Shifty may do this to many students that he sees at universities and has no intent to go into a contract with them. The third essential of an offer that must be applied to Mary’s case is definiteness. For the offer to be valid, the terms of the offer must be clear. In this case the terms are very unclear, and ambiguous. Some courts may say that there were no terms at all. Mr. Shifty stating “Anything that you send, I will accept” are not terms of an offer. Finally, an individual needs to prove that the offer has been accepted. Mr. Shifty never accepted the offer. Based on the facts from the case, he didn’t respond and published her work.
Image of page 1
Image of page 2

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture