Friday, September 28, 2012
A student in my Contracts class shared this story with me regarding a recent offer to enter into a unilateral contract. Cecil Chao Sze-tsung, a wealthy Hong Kong-based property developer, has offered a $65 million "reward" to the man who first woos his daughter into a heterosexual marriage and away from her current lesbian partner.
Mr. Chao described his plan to the BBC as follows (he even uses the word "inducement!"): "It is an inducement to attract someone who has the talent but not the capital to start his own business. I don't mind whether he is rich or poor. The important thing is that he is generous and kind-hearted." He further described his daughter, Gigi, as "a very good woman with both talents and looks" who "is devoted to her parents, is generous and does volunteer work."
In an interview with the BBC (scroll down and click play--the file would not embed), Ms. Chao confirmed that her father is indeed "serious" (there goes the Lucy v. Zehmer argument) and that she views his reward offer as an "expression of fatherly love" from the man she talks to "on a daily basis." Ms. Chao admits that potential suitors face an uphill battle given that she already has committed herself to her longtime partner, Sean Eav. However, because she is not legally "married," she would not rule out someone successfully accepting her father's offer. Specifically, when asked by the BBC reporter, "Are you saying it's a waste of time?," she said, "No" and that it would be "inappropriate for me to outright contradict [my father]."
So, from a ContractsProf perspective, it appears that there is a definite offer that can be accepted by only a single person and only via performance. What is unclear to me, however, is whether the mere act of marriage from any male is actually what Mr. Chao seeks. In her BBC interview, Ms. Chao says that she does not know whether her father has received any offers but confirms that she has received many offers made directly to her. So, if a man were to convince Ms. Chao to marry him, and they were to get married, it's not clear (at least not to Gigi Chao) that he would get his $65 million without first convincing Mr. Chao that he's worthy. Absent clear, unequivocal commitment from Mr. Chao, there may not be a definite offer after all.
[Heidi R. Anderson, hat tip to student Ly Tran]