First, it must specify the requirements pertinent to the service subject matter of the contract. This often includes the date, time and length of the performance. (Each song must be in the length of 1-3 minutes). It is also important to clarify how many batches of songs is Finbar expected turn over before he gets paid. This can be expressed in terms of weeks or months. (Finbar should turn over three songs to TV8 in the first week of May. Finbar will get paid every two weeks for the ten weeks that the song will be used by TV8.) This will ensure that both TV8 and Finbar will know what is expected of Finbar to avoid disputes during the duration of the contract. The second thing a performance contract must contain is the manner of compensation for Finbar. This can be a guarantee ("TV8 will pay Finbar 60 Euros every week), incentive (TV8 will pay Finbar 5% of the total contract price if ratings of the children’s TV show rise by at least 2%).
In this case, Finbar had no contract with TV8. There was no written agreement between him and Jenny McSwindle. McSwindle’s letter to Finbar could not be considered a contract. The letter was, at the very least, an offer to Finbar. Finbar did not expressly, and in writing, signify his assent or consent to the terms proposed by McSwindle in her letter. While it could be said that Finbar’s act of sending TV8 some material was an implied assent to the contract, the same act had actually no consequence. Jenny McSwindle had sent Finbar a letter withdrawing her “offer” on April 30 but Finbar apparently, unaware of this withdrawal, sent the material on May 01. From the foregoing, it could be said that there was “no meeting of the minds” between Finbar and Jenny McSwindle. McSwindle’s “offer” was not simultaneous with Finbar’s “acceptance.” Events which had transpired could be described only as a “negotiations” between the parties. Negotiations may or not end in a contract. In this case, it clearly did not end a contract.