And I said,
“Romeo, take me somewhere we can be alone
I’ll be waiting, all that’s left to do is run
You’ll be the prince and I’ll be the princess
It’s a love story, baby just say yes.”
Truly this is the Carlill v Carbolic Smoke Ball Co of the late 2000s.
- There is certainty of terms: if the offeree takes the offeror somewhere they can be alone then the offeror will confer the benefits of the title of prince and princess.
- There is the exchange of consideration. The offeror must be taken away, and at pace.
- It is not “mere puffery”. The lyrics make clear: it is a love story, and not a flippant or casual suggestion short of an offer.
- It is capable of acceptance by any person – all they need to do is say yes. However, even this is not necessary as a unilateral contract does not require the communication of acceptance.
- The one possible hiccup is that the offer is not directed to the world at large. Instead, it is addressed to “Romeo”. However, it is possible to interpret the offeror’s “Romeo” as a generic term of address to describe any potential suitor. Any contrary information in the other lyrics that suggest a history with a single individual would be the sort of pre-contractual negotiation that must not be used to interpret the meaning of a contract.