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Contracts - Case Study Example

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(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. 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 into a contract.
Further, there was yet no finality on several terms pertinent to the contract. McSwindle's letter left much to be desired on specifying requirements on several pertinent matters - the exact date when was Finbar was expected to turn over the songs and the duration when the songs were expected to playing. Further, Jenny McSwindle did not claim to be in acting for, and in behalf of, TV8. It is doubtful whether, in any contract she would have entered with Finbar would be binding on TV8.

2. No, Finbar is not entitled to an increased pay from 15 Euros a week to 60 Euros which was what Jenny McSwindle had originally offered to him. As previously discussed, there was no valid contract between Finbar and Jenny McSwindle. The 60 Euros a week payment which Jenny McSwindle discussed in her letter was merely an "offer" to Finbar which had not "ripened" into a contract. Finbar could obtain the 60 Euros per week only if such agreement was contained in a new agreement or contract between him and TV8 which contract should expressly contain the provision that Finbar would be getting 15 Euros a week and such sum would be increased to 60 Euros a week if, and as soon as, TV8 recover from its losses. Further, "recovery from losses" may be subject to differing interpretations. Parties may vary on what TV8 should earn in order that it could be considered to have recovered from its losses. To avoid disputes, the contract should also specify the factors to be considered to determine whether ...Show more


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.
Author : stanton95
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