Monique has amassed a following of over 1 Million followers on social media. Her content primarily centers
Question:
Monique has amassed a following of over 1 Million followers on social media. Her content primarily centers around her fabulous life. Think pool days, brunch, happy hours, Taco Tuesday, travel, and partying. In addition to living the good life, Monique also posts about her normal day-to-day life and found that her followers are very engaged with those posts and want to know about the products and services she personally uses. Companies have also taken notice of her followers' engagement level.
On August 14th, Monique receives a package from Lobo Spirits that contains a bottle of their top shelf tequila and a note that reads: "Congratulations on reaching 1.5 Million followers! We noticed that you have a fondness for tequila, and hope you like our premium Lobo Tequila. You've earned it." The next weekend, Monique had a pool party and decided to open this very nice bottle of tequila. As she was setting up for the party Monique dropped her phone in the pool and was unable to record anything for her followers. In any event, the party was a success and the tequila was a hit with her and her guests.
On September 1st, Monique receives an email from Comfy Boots Co. The email states: "We at Comfy Boots Co. admire your fashion sense and respect your role as an influencer to your followers. With Fall rapidly approaching and temperatures dropping we would like to offer you a pair of our signature C. Hawke leather boots, at no charge, in exchange for you posting pictures of you wearing them, and an honest review on your social media accounts by October 25th." Monique responds that would be happy to do that and sends Comfy Boots Co. her shoe size. The boots arrive September 15th. Monique decides to wait a few weeks for the weather to cool off, to go out and take pictures, but this Fall is unseasonably warm. When it finally starts to cool down, Monique is so wrapped up in class that she's taking, that she forgets to post about the boots until mid-November.
Lobo Spirits and Comfy Boots Co. are both upset about the lack / delay in posting about their products. Both companies contact Monique on December 1st threatening an action for breach of contract.
QUESTION: Explain whether or not each company would have a claim for breach of contract.
Expert Answer:
Lobo Spirits It is unlikely that Lobo Spirits would have a claim for breach of contract against Moni... View the full answer
