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Contracts - Case Study Example
1. Finbar had no valid contract with TV8 so he could not claim any monies from the latter. Practical considerations in relation to performance contract are not present. At a minimum, a contract should be in writing. While an oral contract may be valid, it is very difficult to enforce such that "an oral contract is not worth the paper it is written is on." Therefore, since the terms are not in writing, then Finbar may not have a cause of action in contract to rely on.
(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 on 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. ...