Is there a contract between Niko and TMZ?

Mid-term Spring 2019

Law for the Business Enterprise

Law 1101

Please read the following assignment thoroughly. Also, for every question you are not required to apply a specific case law, to define the law, but you should apply a definition based upon the book’s definition.

Instructions : You are a first year associate at Islam and Associates. Please read the following facts from a potential client. Be prepared to address the questions asked following the facts. Cite all necessary legal analysis. Thank you.

FACTS:

Draya and Gloria recently met at a local charity affair for breast cancer awareness. Draya is an up and coming model trying to make it big in the movie industry. Gloria is a philanthropic wife of the star soccer player for the Philadelphia Union. Gloria was recently approached by VH! to star in an upcoming reality series show called, “Soccer Wives, Life With a Kick.” Nervous about the negative publicity it may cause for her husband, she consults with Draya who appeared in a reality series last year titled “Jocks, Rocks and the Girls Who Catch Them.” So after she receives the contract from VH1, Gloria shows it to Draya with hopes that she can advise her on the do’s and don’ts to avoid any reality tv faux pas. After more than an hour, Gloria decides to ask Draya if she would appear on the show, to “smooth things” between her and the other soccer wives. Gloria tells Draya, “If you agree to be on the show, I’ll give you half of what VH1 is willing to offer me. I just need someone I know to be on this show and not make me look stupid.” Draya, thinking this could be an opportunity to clear up her name agrees to make a few special appearances to help Gloria transition into the television industry. She tells Gloria that she will only do it if, Gloria agrees to never talk negatively about her on the show and will take her side in all “cat fights.” After a few appearances, Draya woos over the producers so much, that they offer her a contract for the remaining episodes to be taped.

At the beginning of the taping for “Soccer Wives, Life with a Kick,” Gloria makes payments to Draya of half her compensation paid by VH1. After Draya receives her first paycheck, Gloria stops making payments to Draya, believing that since Draya has a contract, she’s done her friend a favor. Additionally, a few weeks into taping, there’s reports that spreads through the media that Draya was recently arrested for child abuse for improperly monitoring her 7 year old son. Disgusted that Draya would be engaged in such behavior and jealous of her new contract, Gloria decides to stop taking her side in the cat fights and begins to make negative comments about Draya throughout the rest of the show.

Answer the following questions from the above hypothetical. Answer the questions asked and stick to the topic. Keep total responses to a maximum of two double-spaced pages. If you would like to use single-spaced that is fine as well.

1. Did Gloria and Draya have a valid contract?(25pts)

2. Does Draya have a right to enforce Gloria from making negative comments about her? Would your answer change if Gloria made the comments before Draya received her own contract? (10 pts)

Draya’s son, Niko decides that he’s tired of being left alone at home and that no one is telling the truth about what happened. To clear his name and make a few dollars, he decides to sell his story to TMZ for $50,000. He asks for $25,000 up front and then he will give the interview in 2 days and be paid the final $25,000. Niko takes the money from TMZ then changes his mind about snitching on his mother after a visit with Dr. Phil. Unfortunately, he spent $10,000 going shopping so he gives back TMZ the $15,000 that he has left.

3. Is there a contract between Niko and TMZ? Does Niko have to repay the entire $25,000 or can he just return the $15,000 that he has? (15 pts)

Please limit your responses to no more than 2 pages, double spaced. The assignment is due on Tuesday, February 26, 2018.

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