Vian, Mariah Carey's stepfather before she achieved stardom, was in the business of designing, producing, and marketing gift and novelty items. He claimed that Carey agreed orally to give him a license to produce "Mariah dolls," which would be statuettes of the singer that would play her most popular songs. Vian asserted that this right was given in exchange for his financial and emotional support of Carey, including picking her up from late-night recording sessions, providing her with the use of a car, paying for dental care, allowing her to use his boat for business meetings and rehearsals, and giving her various items to help furnish her apartment. Vian based his claims on three conversations, twice in the family car and once on Vian's boat. Vian said to Carey "Don't forget about the M riah dolls." According to Vian, on one occasion, Carey said, "Okay." On other occasions, she merely smiled and nodded. Carey said she thought it was a joke. Is there a contract?
A)There is a no contract because there is no evidence that Carey intended by a nod of her head or the expression "okay" to enter into a complex commercial licensing agreement involving her likeness and playing her copyrighted songs.
B)There is no contract because there is no written agreement, and all contracts must be in writing to be enforced.
C)There is no contract if either party thought it was a joke.
D)All of the above
E)None of the above. There is a contract if she promised him the right in return for his past financial support.

Question

Vian, Mariah Carey's stepfather before she achieved stardom, was in the business of designing, producing, and marketing gift and novelty items. He claimed that Carey agreed orally to give him a license to produce "Mariah dolls," which would be statuettes of the singer that would play her most popular songs. Vian asserted that this right was given in exchange for his financial and emotional support of Carey, including picking her up from late-night recording sessions, providing her with the use of a car, paying for dental care, allowing her to use his boat for business meetings and rehearsals, and giving her various items to help furnish her apartment. Vian based his claims on three conversations, twice in the family car and once on Vian's boat. Vian said to Carey "Don't forget about the M riah dolls." According to Vian, on one occasion, Carey said, "Okay." On other occasions, she merely smiled and nodded. Carey said she thought it was a joke. Is there a contract?​
A)There is a no contract because there is no evidence that Carey intended by a nod of her head or the expression "okay" to enter into a complex commercial licensing agreement involving her likeness and playing her copyrighted songs.
B)There is no contract because there is no written agreement, and all contracts must be in writing to be enforced.
C)There is no contract if either party thought it was a joke.
D)All of the above
E)None of the above. There is a contract if she promised him the right in return for his past financial support.

Quizplus · Accepted Answer

The correct choice is A because the evidence provided (a nod of the head or saying "okay") does not clearly indicate that Carey intended to enter into a complex commercial licensing agreement. Contracts, especially those involving licensing and copyrights, require clear, mutual agreement and understanding of the terms, which is not evident in this scenario.

Vian, Mariah Carey's Stepfather Before She Achieved Stardom, Was in the Business