Questions Regarding Possible Claims And Outcomes Against The Producers

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I have been asked to consider a number of questions concerning possible claims and outcomes against the producers (Producers), of “I’m a Nobody Get me In There” (the Show) arising from Mr Poindexter Smith (Mr Smith) application to be a contestant for the program to be produced between 1 October 2015 and 30 November 2015. Generally, advertisements are treated as an invitation to treat, an offer to consider offers, or a request to commence negotiations with a bargain in mind , they can be an offer if there is an intention to be bound . The advertisement was published in a major newspaper, with the intention to invite the world at large, to apply for the chance to compete in a survivor challenge for the prize. The ad lacked an intention to…show more content…
Acceptance is construed by communication of final assent to the terms of the offer, made in the manner specified or indicated by the offeror. The acceptance brings about consensus ad idem (a meeting of the minds) , which must be in reliance of the offer . The letter dated 15th August 2015 (Agreement) contains a set of clauses which set out the obligations of the parties. The joint signing of the Agreement by Mr Smith and Mr Lugg on behalf of The Producers at the meeting on 18th August 2015 suggests a concluded agreement: that being the clauses 1-5, which include an exchange of promises . An issue with this agreement is what consideration has been provided for this bargain . Consideration need not be adequate but must be of value in the eyes of the law . Treating Mr Smith with respect and care (clause 3) and agreeing to make their best effort to keep to the schedule (clause 4) may be sufficient consideration. However, it is not entirely clear what is meant by clause 3 “to treat contestants with respect and care”. In order for an agreement to be legally binding the essential terms must be sufficiently certain and clear . A contract is void for uncertainty if the essential terms of the bargain have not been agreed upon or language used is so obscure and incapable of any precise meaning that a court is unable to attribute to the parties any particular contractual intention . A contract in which there can
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