When Tweets Get Real: Applying Traditional Contract Law Theories to the World of Social Media
20 Pages Posted: 12 Apr 2013 Last revised: 2 Sep 2016
Date Written: April 11, 2013
Abstract
While the popularity of social networking in today’s society continues to sky rocket, so do the inevitable issues surrounding the legality of statements and agreements made using social media sites such as Twitter. This paper will address recent cases and controversies involving Twitter, while discussing and applying contract law — both traditional and modern — to such incidents. Part I will give a background on Twitter, discussing its role and popularity in today’s society. Part II will discuss the legal issues involved with contractual agreements made over Twitter, and whether the reward tweet authored by Ryan Leslie indeed constituted a valid offer. Part III of this paper will address the case of Mendenhall v. Hanesbrands, Inc., and will discuss the issue of whether a tweet made in violation of a Morals Clause is sufficient grounds for termination of a Talent Agreement contract. Part IV will discuss scandals involving public figures that took place as a result of Twitter. Finally, part V will conclude and discuss legal issues that may arise in the future.
Keywords: Twitter, Facebook, social media, contracts, Tweets, online, technology, glitterbombs, breach, entertainment, winning, Augstein, Mendenhall, Hanesbrand, scandal, Twitpic, morals clause, hashtags
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