Asher vs. Paramarc

Shannon Fisher

Ent. Law.

Mon.7-10Pm Boca Campus

Case : Mary Asher Essay #1

The issue in this problem is whether or not Mary Asher should receive compensation and royalties for the movie Dream Works Pictures produced a year after Mary sent them a synopsis with the same story line.

The rules of contract law state that is order for a contract to be valid and enforceable a contract must have the following. An agreement; which consist of an offer as well as acceptance of that offer. Consideration; a value given in return for a promise. All considerations must be legally sufficient and bargained for by the party receiving it. This can be in the form of promising , performing and refraining. Capacity; there is a minimum metal capacity required by law for a party who enters into a contract to be bound by it. Minors are permitted to enter into any contract an adult can, provided that the contract is not one prohibited by law for minors. However, unlike those entered into by adults , contracts entered into by minors are generally voidable by the minor. No fraud, duress, undue influence or mutual mistake , legal purpose; such as a party who demonstrates that he or she did not genuinely assent to the terms of a contract may avoid the contract. Last the statue of frauds that requires certain types of contracts to be evidenced by writing in order to be enforceable. Those contracts include real property, contracts that can not by their terms be performed within one year after the date the contract was formed, collateral promises , such as promises to answer for or guarantee the debt or duty of another person and promises by and executor or administrator to answer personally for the debts of an estate , promises made in consideration of marriage, and finally contracts for the sale of goods for $500 or more.

In this problem, the two parties did not come to an agreement of acceptance or even an offer. The verbal communication that Mary Asher hoped it would fund...