Question
Bee Green is an aspiring pickleball professional. When Bee Green plays, there is little doubt that Bee is the G.O.A.T. Planters Paddles, Inc., seeing Bee's
Bee Green is an aspiring pickleball professional. When Bee Green plays, there is little doubt that Bee is the G.O.A.T. Planters Paddles, Inc., seeing Bee's success at the game, sought to have Bee endorse the fine paddles made by the corporation. Planter's Paddles contacted Bee Green's attorney to work out an endorsement contract. During this process the attorneys for Planter's Paddles submitted a concept plan for images, exclusive use, promotions, risiduals and compensation. An offer was made by the corporation. After a series of emails was exchanged between the attorney for the corporation and the attorney for Bee Green, an agreement appeared to have been reached although there remained some reference to Bee Green's desire for "adjustments" to the concept plan. The corporation's attorney sought clarification. Bee Green's attorney's last email stated that conditions contained in an earlier email were not part of the agreement or were covered by the concept plan and confirmed that Bee Green was willing to accept the agreement and implementation of the concept plan.
The company began attempts to formalize a written agreement, but Bee Green's attorney refused, commenting that the concept plan final design did not incorporate prior recommendations. The company filed a motion to enforce the agreement.
Consider:
- Were all essential terms addressed by the emails?
- Was there a writing sufficient to satisfy the Statute of Frauds?
Remember to use IRAC to respond to the issues, and include a summary of the relevant facts.
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