Bella, a SikSok influencer commanding a vast following, was recently contacted by Darren, the CEO of the cosmetic company Drunk Squirrel. On 9/23, Darren extended an offer for Bella to become a "squirrel fluencer," an esteemed title among influencers closely affiliated with the brand. The proposition of a two-year contract outlined a payment of $1 million annually, with an additional 2% commission on sales directly attributed to her marketing endeavors. As part of this proposal, Bella was to commit to posting 3 stories per week and one feed-post every two weeks, exclusively promoting the brand's products. Darren specified that this offer would remain open until 10/1. Bella responded to Darren's email expressing gratitude for the offer and indicated that she would be in touch shortly.

Following this, Bella discussed the potential agreement with her close friend, Cameron, who is an avid fan of Drunk Squirrel's products. Cameron suggested that Bella should also request a monthly supply of products valued at $2500 from the company. Viewing this as a reasonable addition, Bella reached out to Darren, who accepted and agreed to include this new term in his offer. The very next day, Drunk Squirrel made a drastic move by dismissing Darren and appointing Noah as its new CEO. Noah harbored a negative opinion of Bella, perceiving her as unprofessional and inauthentic. Ironically, Noah held deep admiration for Bella's primary competitor, Kristen, and was eagerly looking forward to extending an offer to her to become a squirrelfluencer. Upon assuming his role on 9/28, Noah promptly reached out to Bella, expressing his regrets as he informed her that Drunk Squirrel was retracting its offer from 9/23. Bella responded to Noah, acknowledging her acceptance of the company's offer from 9/23.  Noah opted to ignore Bella's email and called Kristen. He presented her with the same terms that had been offered to Bella. Kristen enthusiastically embraced the offer and promptly accepted. 

 

Issue: Is there a valid contract? Was Drunk Squirrel retracting its offer on 9/28 a breach of contract with Bella?