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Entertainment Law Question #16?


Here is a hypothetical situation in which there may be more than one correct answer. What do you think? (Again, this is not my homework. I have my own views and just want to see how they correspond with others who know more about law than me. See my other questions if you're interested. I've posted my own answers too.)

Assume the same facts as in the preceding question with this one exception. Instead of the Academy's invitation having been made earlier this month, months before the program is to take place, assume that the Academy's invitation was orally made and accepted by Sally Sexpot more than 13 months prior to the date of the awards program. Nothing was ever put into writing.

Under these circumstances, what is the likely outcome if Sally does not show up for the awards show, and the Academy were to now sue Sexpot for breach of contract seeking money damages?

Same answers from your last question, but I would add that the likelihood of AIE being able to obtain damages is probably greater. The length of time between the agreement (contract) between SS and AIE is significant and AIE will probably have evidence of posters, billboards, etc. that indicate SS was supposed to appear at the ceremony. Thus, damages are not nominal. However, the more money AIE blew on SS, the better its chances of showing detrimental reliance / promissory estoppel.

(this is becoming an addiction, time to stop and go back to work, its been fun though, maybe I'll take a crack at your other ones later!)

My quick take on it is, This is a verbal contract. The first thing that would have to be established is dose the state honor verbal contracts, and do both parties agree on the terms of the verbal contract. If they don't then it becomes a case of "he said, she said" With really no way to prove what was said in the verbal contract. With no contract, trying to sue miss Sexpot would be futile.

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