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Ex: In Bright Tunes Music Corp v Harrisongs Music, the judge did not believe that formerBeatle George Harrison intentionally copied the music from an earlier song, “He’s So Fine”, when he composed “My Sweet Lord” in 1970. Nonetheless, Harrison had access to the earlier song (which was widely played on popular radio during the 1960s), and the music in his song was substantially similar.The court held that Harrison infringed the owner’s copyright.
Ch. 10 Contracts****neeeeeed meeting of the mindsWhy do we need to know this?-We all enter contracts everyday-Businesses rely on contracts to exist-It is important to know the requirements of a valid “K” (contract)-Know how to protect yourself from entering into a bad KWhat is a contract?-“A contract is a promise or set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty”-Basically: An agreement that the court will enforceAl-Dabagh v. Case Western Reserve University-Institution has the right to dictate what they need from their students-Not unreasonable for a medical school-Contract requiring “professionalism”For a valid contract you need:1.Offer2.Acceptance3.Consideration (“bargained for exchange”)Types of ContractsBilateral vs. Unilateral:Bilateral- promise in exchange for another promiseEx: I promise to pay you $1,000,000 if you promise to star in my new documentary movie: Millennials-Most contracts are bilateralUnilateral- promise in exchange for an act (usually more optional, in the moment)
Ex: Reward! $1,000 if you return my lost dog, Churchill-Precision Concepts Corp v. General Employment & Triad Personnel ServicesExpress, Implied, and Quasi Contracts-The essence of a contract is an agreement (an understanding) that has been arrived at in some fashion. If the intentions of the parties are stated fully and in explicit terms, either orally or in writing, they constitute an express contract. The typical real estate lease and construction contract are examples of contracts normally falling within this categoryExpress Contract:frequently in writing and of considerable length, but this is not necessarily so. If B orally offers to sell his used car to W for $450 cash, and W answers “I accept,” an express contract has been formed. The communications between B and W, while extremely brief and