solution

Forest Park formulated a concept for a television show called Housecall, in which a doctor, after being expelled from the medical community for treating patients who could not pay, moved to Malibu, California, and became a “concierge” doctor for the rich and famous. Forest Park created a written series treatment for the idea, including character biographies, themes, and story lines. It mailed this written material to Alex Sepiol, who worked for USA Network. A meeting was then held at which Forest Park explained its concept. It was common practice in the industry for writers and creators to pitch creative ideas to prospective purchasers with the object of selling those ideas for compensation. Sepiol admitted that before hearing the idea for Housecall, he had never heard of “concierge” doctors, or doctors who make house calls for wealthy patients, and “thought it was a fascinating concept for a television show.” The parties communicated for a week, and then no further contact occurred. A little less than four years later, USA Network produced and aired a television show called Royal Pains, in which a doctor, after being expelled from the medical community for treating patients who could not pay, became a concierge doctor for the rich and famous in the Hamptons, an extremely affluent community on Long Island in New York. Forest Park had no prior knowledge of Royal Pains, did not consent to its production, and received no compensation from USA Network for the use of its idea for the show. Forest Park sued, claiming breach of contract

1. Who wins and why?

2. What allows Forest Park to argue that this is an implied contract?