Mariah Carey is a famous entertainer. Vian, who was Carey’s stepfather before she achieved…

Mariah Carey is a famous entertainer. Vian, who was Carey’s stepfather before she achieved stardom, was in the business of designing, producing, and marketing gift and novelty items. Vian 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 claim of an oral contract on three conversations, twice in the family car and once on Vian’s boat. Vian said to Carey, “Don’t forget about the Mariah dolls,” and “I get the Mariah dolls.” According to Vian, on one occasion Carey responded, “Okay” and on other occasions, she merely smiled and nodded. Although Carey admits that Vian mentioned the dolls two or three times, she testified thatshe thought it was a joke. Claiming that Carey breached the contract to license dolls in her likeness, Vian brought this action for breach of contract. Was a contract formed?

 

 

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