James Shifty and Dreamworks Pictures

The issue in this situation is whether or not a valid implied-in-fact contract was created between the parties and if Mary is eligible for compensation. Mary, the offeror, asked James Shifty, the offferee and Vice President at DreamWorks Pictures, to look over a synopsis she had written for a motion picture that she had hoped would fund her last three years of college. James shifty immediately accepted the offer but later violated the contract when he turned Mary’s motion picture into his own. A contract that is implied-in-fact requires a meeting of the minds and an agreement. Both of which have been accomplished in this case.

“A valid contract consists of six elements: an agreement, consisting of an offer and acceptance; consideration; capacity; legal purpose; genuine assent; and writing, if any. An agreement consists of a valid offer and a valid acceptance. An offer must: indicate that the offeror intended to enter into a binding contractual relationship; be sufficiently definite that the courts could ascertain a remedy if the contract is breached; and communicated to the offeree.” (course material)

In this situation, all elements of a valid contract need to be meet in order for Mary to gain compensation. “The element of agreement in a valid contract explains that an offer is defined as an indication of willingness to enter into a contract. An offeror (Mary) is the person making the offer. An offeree (James Shifty) is the person to whom the offer is made. An offer must be communicated to the offeree, must manifest an intent to enter a contract, and must be sufficiently definite and certain.” (course material) In this situation, all the requirements for an offer were met. Mary communicated to James Shifty that she had a synopsis of a story for a motion picture that she had written and wanted him to take a look at it. Mary had also stated that she hoped her story would fund her last three years of college. James Shifty manifested an intent to enter a...