APPLICATION OF CONTRACTS
After Forest Park filed the suit against USA Network, it argued that California law should govern the contract, while USA Network argued New York state law should apply. Under California law, “contracts created by conduct are just as valid as contracts formed with words” (California Civil Jury Instructions). However, New York State requires that an enforceable contract must have a specified and agreed upon price. After much discussion, the court decided that California had jurisdiction over the case because all the significant activity and contact related to this contract occurred in California. The face-to-face meeting between Forest Park and USA Network took place in California, Forest Park operated in California, …show more content…
Marvin helps to set precedent for this case. The Marvin v. Marvin case focused on a non-marital relationship with an oral agreement to share all accumulated property equally. The plaintiff filed suit to enforce the oral contract. The court found that this was an expressed contract and that it should be (passive) enforced. However, the court ruled implied contracts should be (passive) ruled similarly by stating that “contracts may be express or implied … if such agreement can only be shown by the acts and conduct of the parties, interpreted in the light of the subject- matter and of the surrounding circumstances, then the contract is an implied one” (California Civil Jury Instructions). The Forest Park v USA Network case is more similar to the Desny v. Wilder. This is because both cases focus on the reproduction a concept without proper compensation. The ideas for the show and the movie were clearly communicated and presented, but not given any …show more content…
By taking Forest Park’s idea and creating a TV show theyperformed an action (hidden verb). This action needed to be (passive) accompanied by a payment to fulfill the unilateral implied contract. USA Network did not pay Forest Park leading to a breach in the contract. Additionally, the contract has legal purpose because it has all the necessary requirements, including the reason and outcome. The contract gained genuine assent when USA Network published their TV show because they are accepting the terms of the implied contract. Both parties have capacity as both were over the age of eighteen and mentally competent. Finally, this contract has consideration because a mutual exchange of benefits and detriments occurred between the parties. The bargained for exchange between Forest Park and USA Networkis traded (passive) through money with the concept of a new television show. Altogether, the implied contract between the two companies satisfies the necessary contract requirements, which makes the contract
After Forest Park filed the suit against USA Network, it argued that California law should govern the contract, while USA Network argued New York state law should apply. Under California law, “contracts created by conduct are just as valid as contracts formed with words” (California Civil Jury Instructions). However, New York State requires that an enforceable contract must have a specified and agreed upon price. After much discussion, the court decided that California had jurisdiction over the case because all the significant activity and contact related to this contract occurred in California. The face-to-face meeting between Forest Park and USA Network took place in California, Forest Park operated in California, …show more content…
Marvin helps to set precedent for this case. The Marvin v. Marvin case focused on a non-marital relationship with an oral agreement to share all accumulated property equally. The plaintiff filed suit to enforce the oral contract. The court found that this was an expressed contract and that it should be (passive) enforced. However, the court ruled implied contracts should be (passive) ruled similarly by stating that “contracts may be express or implied … if such agreement can only be shown by the acts and conduct of the parties, interpreted in the light of the subject- matter and of the surrounding circumstances, then the contract is an implied one” (California Civil Jury Instructions). The Forest Park v USA Network case is more similar to the Desny v. Wilder. This is because both cases focus on the reproduction a concept without proper compensation. The ideas for the show and the movie were clearly communicated and presented, but not given any …show more content…
By taking Forest Park’s idea and creating a TV show theyperformed an action (hidden verb). This action needed to be (passive) accompanied by a payment to fulfill the unilateral implied contract. USA Network did not pay Forest Park leading to a breach in the contract. Additionally, the contract has legal purpose because it has all the necessary requirements, including the reason and outcome. The contract gained genuine assent when USA Network published their TV show because they are accepting the terms of the implied contract. Both parties have capacity as both were over the age of eighteen and mentally competent. Finally, this contract has consideration because a mutual exchange of benefits and detriments occurred between the parties. The bargained for exchange between Forest Park and USA Networkis traded (passive) through money with the concept of a new television show. Altogether, the implied contract between the two companies satisfies the necessary contract requirements, which makes the contract