Study the contract case

Tom is an up-and-coming movie star who has just received an offer to act in the new film shooting in Los Angeles for $4,000,000. Tom’s agent feels that she is worth more than this quote, so Tom’s agent sends back a reply to Bros. (the studio making the movie) that Tom will not do the movie for less than $10,000,000. Bros. does not respond to this offer.

Two weeks later, the movie begins shooting with Tom in the lead role. When Tom gets her first paycheck, she is horrified to find that she is only being paid the $4,000,000 salary. Tom’s agent instructs her to quit the movie immediately, which she does. In court, Bros. claims that paying Tom $10,000,000 can’t happen, since COVID-19 has shut down all production in Los Angeles. Bros. sues Tom for breach of contract in California Superior Court.

1) Which party has the burden of proof in a contract case and what is the standard of proof required (BRD/POE)?

2) What elements are required to form a contract?

3) Is it more likely that the parties had a contract for $4,000,000 or $10,000,000? Explain your reasoning with one argument for each side.

4) What is Bros. best legal excuse as to why they should not have to pay Tom? (Note: Do not discuss that Bros. rejected the $10,000,000 offer)

5) In one sentence, which party should win this case and why?

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