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Trademark Properties V. A & E Television Networks

Decent Essays

After I viewed and heard that judge decision on this case, my position is in favor of the defendant.
The formation of a contract is achieved where there is an offer and acceptance between the contracting parties. An acceptance is sometimes referred to as “meeting of the minds” that involves the exchange of consideration, either a promise to act, provide goods, services or money. Relative to this case, a valid offer was made by a plaintiff. For an offer to be valid, there should be a manifestation or indication of present contractual intent, a certain definite terms that is expressly stated and a communication of an offer to the offeree. Consequently, when the offeror (plaintiff) had called and had left a message regarding the date, time and payment arrangement of the recording project to the defendant, the plaintiff’s action satisfies the requirements of a valid offer (Mallor, Barnes, Bowers, Langvardt, …show more content…

An acceptance can only be achieved when both parties have mutual understanding (meeting of the minds) of the agreement whether the agreement or contract is formed verbally or by writing (Trademark properties v. A & E Television Networks). Though the defendant’s action in showing up at the studio may established and implied acceptance, yet there was no meeting of the minds on both parties that would affirm on the compensation of the recording project. An acceptance can be implied by action. But if the parties have not reached a meeting of the minds, then there is no agreement and valid acceptance of the offer. And without a valid acceptance there is no formation of contract. Once there is no contract the plaintiff cannot compel the defendant to pay for the $700 charge on the album recording nor does the defendant have an obligation to pay for

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