Scenario: A new musical talent has been discovered — his name is Dustin Kieber and he is a 15-year-old singer/musician from Germany. All the teenage girls love Dustin and he is quickly becoming a mega-star. Dustin has been approached by a record label and an agent to represent him, and he needs the help of an attorney to make good decisions. So he comes to you.
Main Response (250 words minimum): Discuss what contractual detail Dustin needs to be mindful of as he enters into negotiations with his new label and agent. Among other things, be sure to address the following elements:
What are the required elements of any contract?
What kinds of contracts have to be in writing in order to be valid? Is this contract one of those kinds?
What are the means of offer and acceptance?
What consideration must be present?
What capacity issues are present given that Dustin is a minor?
What jurisdictional issues are present given that Dustin is from Germany?
What kinds of concerns are there around contract term or duration?
How kinds of concerns are there around contract termination (how and by whom and when)?
What should constitute a breach of contract?
What damages should be available to the non-breaching party?
What do you think is the single most important thing Dustin should care about in his contract negotiations and why?