Ron Kirshner vs.Flash - Essay Example

of the Bozapalooza but he told Kirshner that an SnS reunion concert was out of the question due to differences between Flash and fellow SnS member Axl. Flash made it clear that because of past arguments he would not perform on stage with Axl. These negotiations occurred in September. Flash also indicated that he would go to Thailand and therefore could not be reached for the time being. Flash informed Kirshner that he would be gone from Sept 23 to October 22; during that period he would be incommunicado.

Kirshner sent a letter on September 21, via regular mail, stipulating their agreements. It arrived September 24 or after Flash had already left for his overseas trip. When Flash returned from his trip he was surprised to learn that he would be performing with Axl at the Bozapalooza against his express wishes. Kirshner informed him that because Flash could not be reached, he went ahead and booked the concert with Axl. Hence Flash wants to know if he is legally obligated to perform at the concert.

A contract requires a meeting of minds between the parties involved. There must be an offer from one party and an acceptance of that offer on the part of the other party. In the present case, there appears to be a reciprocal obligation between Kirshner and Flash. There was an offer by Kirshner for Flash to perform at the Bozapalooza in exchange for a sum certain in money. Kirshner, as promissor, showed a willingness to be legally bound by the terms he specified in a way that would lead a reasonable person in the position of Flash to understand that an acceptance is being sought and, if made, would result in an enforceable contract.

Now, an important matter to consider is what the stipulation of the contract was. On September 1, Ron made an initial offer involving an SnS reunion concert at Bozapalooza. The response of Flash was a counter-offer stating that while he was willing to perform at Bozapalooza, he would not perform with Axl. Negotiations resumed on September