Big Brother and Equitable Estoppel (1 Viewer)

[MichaelJackson2]

Hi all,

So I was listening to Triple M on the way to uni today and they were talking about the new season of big brother - starts this weekend (now now let's settle down). If y'all haven't heard, the inmates do not know that there will NOT be a prize money up for grabs this year! By now you might have picked up where I'm going with this...

Say one inmate gives up his full time job (hence foregoing months of pay) for the chance to win $250,000-ish prize money. Of course, they would all sign some kind of waiver declaring that they will not sue big brother in such and such circumstances but from first year contract law, where you have an induced assumption which is relied upon that results in a detriment to the plaintiff, this may give rise to an equitable estoppel such that the defendant is estopped from enforcing their legal right if it is proved that such enforcement would be an unconscionable exercise of their legal right.

I haven't studied the law of equity yet so my understanding of estoppel is very basic but would love to hear what others think! How hilarious would it be if Channel 10 got sued.

Cheers.

 

[rozymisty]

Yes i saw that on the newspaper and i was like hmm some people arent going to be VERY happy!!

Hmm but they could get a lot of media exposure and so get the money that way. But then again youd want the prize money for living in that shit heaep and then getting the media money.

I went to look at the house in 2005 adn it was sooo squishy! It wasnt as big as it is shown on tv! Narrow and small...suprised pple havent attacked each other yet...

 

[Frigid]

there may not be a cash prize, but there definitely won't be no prize.

 

[MoonlightSonata]

I really hate that show

However it's good to see someone thinking about the law in such a way. As you said, they would very likely have signed away their rights. So they probably could not sue Channel 10. Assuming that they didn't, then there would have to be some detriment shown as a result of the reliance.

 

[melsc]

Its an interesting point you raise but I imagine they will have covered their arse as Frigid said by inducing the assumption there will be 'a prize' not a cash prize. Also keep in mind for estoppel they must have knowledge that the assumption will be acted upon, have failed to avoid the detriment and it must be unconscionable, it must fulfill all 5 elements + unconscionability(you mentioned the others). It would all depend on exactly what channel 10 has told the contestants and they'd surely have an iron clad exclusion clause for that show. My understanding is rather limited as I am only studying contracts at the moment and the fact that I don't watch it so I know nothing about how it works.

I really hate that show

However it's good to see someone thinking about the law in such a way. As you said, they would very likely have signed away their rights. So they probably could not sue Channel 10. Assuming that they didn't, then there would have to be some detriment shown as a result of the reliance.

Certainly made me a bit interested as to how the law would apply

 

[Newbie]

lol channel 10 law suit
short the shares now

im sure they've contracted out of any liability
even being turkeyslapped

 

[hYperTrOphY]

If no mention of prizes or cash is made in the oral or written contract, would the fact that previous series have involved prizes or cash be sufficient 'inducement' of the assumption that this season will also involve prizes?

 

[hfis]

I really hate that show

However it's good to see someone thinking about the law in such a way. As you said, they would very likely have signed away their rights. So they probably could not sue Channel 10. Assuming that they didn't, then there would have to be some detriment shown as a result of the reliance.

Appearing on Big Brother is prima facie a detriment. To pretty much everything.

 

[MoonlightSonata]

Haha good point.

 

[Rorix]

detriment would be tough to show

also would depend a lot on the private representations or lack of made to the contestants which we arent privy too..

 

[sladehk]

they can give them turkeys =D