Long, long, ago, in a courthouse far away, it was said that the freedom of contract be not lightly interfered with. Baltimore Ohio c. Railway v. Voigt, 176 U.S. 498, 504-5 (1900). The Mandalorian is a story with parties entering contracts upon contracts. However, what contracts in the first episode were valid and which were not?
The Enforceability of an Oral Contract Entered During a Shootout
The Mandalorian met IG-11 while the droid started an armed assault on a compound holding the Target for their respective bounties. This created an awkward meeting, as the Bounty Hunters’ Creed states that No Hunter Shall Interfere With Another’s Hunt. The Mandalorian made the offer that they split the reward for capturing the Target, to which IG-11 agreed. What was not agreed upon was IG-11’s counter offer to acquire the Reputation Credits for the hunt.
The basics of contract formation are 1) Offer; 2) Acceptance; 3) Consideration; and 4) Performance. Moreover, “All persons are capable of contracting, except minors, persons of unsound mind, and persons deprived of civil rights.” Cal. Civ. Code § 1556. Furthermore, the question for California courts is whether there is mutual assent between the parties, which is “manifested by an offer communicated to the offeree and an acceptance communicated to the offeror.” Donovan v. RRL Corp., 26 Cal.4th 261, 270-71 (Cal. 2001), citing 1 Witkin, Summary of Cal. Law (9th ed. 1987) Contracts, § 128, p. 153.
From the context of the shootout, the Mandalorian made an offer for he and IG-11 to work together and split the reward. IG-11 accepted this offer verbally and by conduct. However, there was no mutual assent on the issue of IG-11 getting the Reputation Credits for the hunt. While that term was not agreed upon, a court could find there was a contract between the parties to split the profit from the hunt.
IG-11’s Bounty Claim Violated Public Policy
Whoever contracted with IG-11 to kill the Target violated public policy and the Bounty Hunter’s Creed. The Mandalorian was right to take protective measures against IG-11.
The Bounty Hunters’ Creed states that:
In the Hunt One Captures or Kills, Never Both
In cases where the acquisition had been taken alive, that “choice” could not be altered. To kill an acquisition in the course of the hunt was one thing, but to purposely kill an unarmed, helpless being already subdued and unable to resist was seen as simple slaughter and wanton butchery. An acquisition “killed while attempting to escape” however, would be an entirely different matter altogether.
The Mandalorian had a contract to capture the Target; IG-11 had a contract to kill the target. IG-11’s contract to purposely kill an unarmed and helpless being was a gross violation of the Bounty Hunters’ Creed. Whoever hired IG-11 did not want a Bounty Hunter, they wanted a butcher.
A contract to kill someone is not the work of a bail bondsman, but a murder-for-hire contract. It is grossly illegal to contract to kill someone, especially an infant. The legal term is solicitation. Anyone who solicits another to commit murder can be sentenced to state prison for at least three and up to nine years. CA Penal Code § 653f. This raises significant issues as to what kind of puck was issued with a kill order on an infant, the work of a bail bondsmen is to bring someone in, not play hit man.
Contracts cannot violate public policy, which was defined by Lord Brougham, “that no one can lawfully do anything which has a tendency to be injurious to the public welfare.” Maryland C. Co. v. Fidelity Etc. Co., 71 Cal.App. 492, 496-97 (Cal. Ct. App. 1925). A contract is void against public policy if it “clearly contravenes that which has been declared by statutory enactment or by judicial decisions to be public policy, or unless the agreement manifestly tends in some way to injure the public.” Spangenberg v. Spangenberg, 19 Cal.App. 439, 446-47 (Cal. Ct. App. 1912). As murder is clearly defined as being illegal and against public policy, one cannot enter a contract to murder another person.
I Have Spoken
