Unpaid invoice - YouTuber (offer, acceptance and consideration?)

[K147]

The problem you are going to have in convincing a judge in my opinion is that this was an expression of interest in potentially having you do some work for them and upon receiving your pricing they did not wish to engage you for any work.

Them not clicking the link to your work really does not help you in the way you think it might, it backs up that they did not engage you to create anything at that time and merely expressed an interest in you potentially doing work for them.

Why is this a problem? You have made a common mistake that people make regards contract law in that you believe that to form a contract there must be offer, acceptance and consideration, which is true alongside the other elements required, one of which is 'intention to be legally binding.' I do not believe the defendant have performed in a way to settle the 'performance' element of contract law either.

This is where I believe your claim falls down and in defence I would be stating that the defendant made an expression of interest in your work, sought further information and upon seeing pricing didn't engage you. Consequently they have never viewed any work because they did not engage you to create anything at that time and never intended to enter into any sort of legally binding agreement with you.

Further are there are no detailed terms of any alleged contract that the defendant could not be deemed to acted in performance of any such alleged contract.

What are they saying in their defence?

Thanks very much for your reply. The defence was pretty non plussed to be honest.

I agree it will be difficult but I think I have them because they agreed I need to be paid if I review, so it was more than that. I think they didn't just show an expression because they wanted the product reviewed and they were asking for pricing, so as far as it would have been clear to most - it was just the amount. From now I of course get it in writing first, and I don't do any work until I'm paid.

They have offered to compromise the claim for less than my work, but I should probably accept it to move on and put it down to a learning curve. The only unpalatable aspect is they want to gag me from ever mentioning bad of further products which they perceive I might with the breakdown in the relationship. For a journalist essentially this is hard to take in the circumstances. For my sanity I think I need to take it.

[atticus]

If indeed they agreed that you should be paid if you review, and if you indeed you did review, then we are looking at a different picture to the one initially presented.

If you have been offered something, my advice would be to take the money and run. Given your business model of seeking payment for favourable reviews, the gagging clause should be no great hardship.

[jaguarsuk]

Thanks very much for your reply. The defence was pretty non plussed to be honest.

I agree it will be difficult but I think I have them because they agreed I need to be paid if I review, so it was more than that. I think they didn't just show an expression because they wanted the product reviewed and they were asking for pricing, so as far as it would have been clear to most - it was just the amount. From now I of course get it in writing first, and I don't do any work until I'm paid.

They have offered to compromise the claim for less than my work, but I should probably accept it to move on and put it down to a learning curve. The only unpalatable aspect is they want to gag me from ever mentioning bad of further products which they perceive I might with the breakdown in the relationship. For a journalist essentially this is hard to take in the circumstances. For my sanity I think I need to take it.

By virtue of the fact that you only produced the introduction and not a full review it can be argued that this was merely an expression of interest in a potential review.

I think taking the settlement is probably wise, but why not communicate to them that you do not want to sign the NDA.

I would explain that you like their products, that is why you approached them in the first place, but whilst this has been an unpleasant bump in the relationship that has not changed. That indeed you may be able to do something together in future, you are just more mindful that there needs to be more clear communication.

They may then agree to simple settle this and move on in good faith.

[tesla6518]

I agree with Atticus & Jaguarsuk:

Intention to be legally bound: Both parties have an intention to be legally bound by the agreement (which is proposed by the offer, and then accepted)

From your statements this condition has not been satisfied, and to continue with legal action could put you in a worse financial position.