Michael, thanks for your comment. I will try to answer your questions, but for purposes of clarity, I will do so in reverse order. Perhaps I could have been clearer in noting that since the question of whether Mr. Trump is the offspring of an orangutan was clearly made in jest, it is also clear that Mr. Maher never intended to enter into a binding contract, which is a prerequisite for a valid breach of contract action under New York law. This is not some obscure provision; it is well-known black-letter law that is taught at the beginning of the first year of law school. Since Trump's lawsuit runs directly contrary to this rule, it is, at least in my view, patently frivolous. As to your other question, I was deliberately vague in opting not to publish my thoughts as to why Trump's lawyer was willing to bring the lawsuit. I can't think of a good reason for bringing the lawsuit, but I (as I'm sure most people) can think of several bad ones for doing so.
by Jonathan Cooper January 1, 2016 at 12:00 AM
Mr. Cooper, Unless my reading skills are eroding, you failed to answer what was apparently your own rhetorical question. I am curious to know why this claim is in fact frivolous. If you could provide a legal answer, that would be appreciated. Thank you.
by Michael Ostrowski January 1, 2016 at 12:00 AM
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