Question
Comedian Bill Maher appeared on the January 7, 2013, episode of The Tonight Show With Jay Leno. In an interview largely focused on poking fun
Comedian Bill Maher appeared on the January 7, 2013,
episode of The Tonight Show With Jay Leno. In an interview
largely focused on poking fun at politicians, Maher
turned his attention to then-real-estate-mogul and
reality-television-star Donald Trump, who had recently
offered to pay $5 million to the charity of President Barak
Obama's choice, if Obama released his college and passport
records and applications. Maher began by noting
that an orangutan's hair was the only thing in nature that
matched the color of Trump's hair. Maher further stated
that he would donate $5 million to Trump, which Trump
would then donate to a charity of his choice, if Trump
would provide evidence that he was not "the spawn of
his mother having sex with an orangutan." Maher suggested
Trump might choose the "Hair Club for Men"
or the "Institute for Incorrigible Douchebaggery" as his
charities. On January 8, Scott Balber, one of Trump's
attorneys, sent a letter to Maher, which stated, "I write
on [Donald Trump's] behalf to accept your offer (made
during the Jay Leno Show on January 7, 2013) that
Mr. Trump prove he is not 'the spawn of his mother
having sex with an orangutan.'"Balber enclosed with
the letter a copy of Trump's birth certificate, indicating
that it showed Trump's father to be "Fred Trump,
not an orangutan" and demanding that Maher "remit
$5 million to Mr. Trump immediately." The letter indicated
that Trump would allocate the money in equal
shares to four charities. When Maher ignored the letter
and a subsequent demand, Trump's attorneys filed a lawsuit
against Maher for breach of contract. Was Maher's
statement on The Tonight Show an offer that created a
contractual obligation once Trump accepted by providing
evidence of his actual, non-orangutan parentage?
I need help on a case analysis.
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