IMPLIED CONTRACTS

Forest Park formulated a concept for a television show

called Housecall, in which a doctor, after being expelled

from the medical community for treating patients

who could not pay, moved to Malibu, California,

and became a "concierge" doctor for the rich and

famous. Forest Park created a written series treatment

for the idea, including character biographies, themes,

and story lines. It mailed this written material to Alex

Sepiol, who worked for USA Network. A meeting

was then held at which Forest Park explained its concept.

It was common practice in the industry for writers

and creators to pitch creative ideas to prospective

purchasers with the object of selling those ideas for

compensation. Sepiol admitted that before hearing the

idea for Housecall, he had never heard of "concierge"

doctors, or doctors who make house calls for wealthy

patients, and "thought it was a fascinating concept

for a television show." The parties communicated for

a week, and then no further contact occurred. A little

less than four years later, USA Network produced and

aired a television show called Royal Pains, in which a

doctor, after being expelled from the medical community

for treating patients who could not pay, became a

concierge doctor for the rich and famous in the Hamptons,

an extremely affluent community on Long Island

in New York. Forest Park had no prior knowledge of

Royal Pains, did not consent to its production, and

received no compensation from USA Network for the

use of its idea for the show. Forest Park sued, claiming

breach of contract.

CASE QUESTIONS

1. Who wins and why?

2. What allows Forest Park to argue that this is an

implied contract?