Originally Posted by human nature:
“Absolutely. It's beginning to look like Love Productions deliberately withheld a vital piece of information that would greatly affect the value of the product they were selling. I wonder if Channel 4 might be considering legal action?”
Obviously it would depend exactly what was in the final contract signed but I strongly suspect any such action would fail. C4 signed whatever contract was there and I very much doubt any such contract would include guaranteed participation by any third party (i.e. Paul, Mary, Mel, Sue) because a contract legally
cannot guarantee the participation of any individual who is not a signatory to it.
Also, there's a very well known legal principal called 'caveat emptor'. You can't complain about something being missing from a deal unless what's missing was something you could make a reasonable assumption of being present. C4 can't argue they would expect any new GBBO to have the four presenters present due to the above principle of overt participation - they would legally have to assume the four were
not going to present unless they were signatories to the contract.
It is possible (if C4's lawyers were smart) they could have included 'break clauses' in the contract whereby C4 could get out of it at reduced cost/get some of their money back if certain targets were not met, and the presence of 'the big four' could be a break clause. However, so far, all the evidence suggests C4's lawyers are not clever.
Plus, at the end of the day, 'New Bake Off' may still prove to be a ratings success,
in terms of programmes on channel 4, even if it only gets a fraction of the viewers 'Old Bake Off' did on the BBC. I doubt. It will earn back what C4 paid for it, but it could still show a profit in simple terms.
C4 messed up. All of the above would be considered part of 'due diligence' on their part - it would be up to their lawyers to ensure what they were paying for was worth the money they were paying. I don't think anyone can currently make that argument with a straight face,
Love didn't mess up as far as we know so far. They signed a contract to deliver the show and, as far as we've heard so far, that contract did not include the requirement for the four stars to be available. So they're still working to the contract and, legally speaking, have done nothing wrong. How well they've done 'morally' is a different argument of course...