I think the most unfair thing here, which has not been touched on, is that those already eliminated could argue that if whoever gets through out of Amelia, 2 Shoes, Jonjo and James had originally been in the show, they might not have been evicted in their given week.

Who's to say Sophie wouldn't have been 3rd bottom if James had been in that week?

It stinks. I'm sure there's nothing they can do because contestants sign their lives away on their first audition. But I can't help thinking there would be a legal case against the show.

I take it that this is a wind up post?

No, I think it's unfair too.

But I'd guess they have no legal comeback since I'd imagine shenanigans is pretty well covered in their X-Factor contracts.

I don't think that any of them would want to sue. Nothing would be gained from it.

Not in the slightest thank you. It stands to reason that had any of those contestants been up against whoever comes back, no one knows what the outcome would've been.
It is simply unfair to those 5. They missed out on the chance to compete against an unknown entity.

Yes of course it is unfair. But something being unfair is not a good enough reason to sue!

The X Factor contestants basically sign their life and soul away when they sign the X Factor contracts. They have no rights.