Contract Law Notes for Moviemakers/Filmmakers
Contract Law Notes A-Z for Filmmmakers, Moviemakers, Producers, and Distributors, here it is guys as you asked for.
What is a Contract – Understandable pact between two respective others, a Perform / Exchange.
Promisor- Makes the promise.
Proimisee – takes the promise in full integrity
Unilateral Contract — An “Offer to Act” ex if you find the dog than you can get a reward.
Bilateral Contract -is promise for a promise.
Executed Contract- a contract has been carried out in full. (Ex)Burger for a Buck.
Executory contract- unfinished contract.
Implied contract – a transaction as a whole, ex the rent a car breaks down and it needs to be fixed so hertz will be billed.
Expressed contract – some sort of written or spoken expression to desire to enter.
Quasi Contract- created by the court, they apply fairness saying that one who has unfairly benefited at the innocent expensed of another will not be right. Ex leave someone responsible for something and someone else have damaged it without the person that was responsible for it able to do anything. Therefore the
responsible person cannot be blamed. .
Quantam mercuit – you could be responsible for the work.
5 elements of contract law
1) Offer 2) mutual assent 3) capacity 4) consideration 5) legality
A. Offer – serious intent- must be communicated as serious and joking “I accept” is not a deal or contract. Offer must be communicated fairly, clear- very pertinent, and must definitely state quantity- which the courts cannot even determine otherwise it won’t be a clear a contract. Always have a witness when an agreement is verbally communicated or signed
B.Mutual assent – it is a meetings of the mind, it shows that the two parties agree on the terms. Mutual Assent can be created by buying a cd at a store to hours and hours of negotiation. From a multimillion dollar company. Destruction of mutual assent- fraud, misrepresentation, mutual mistake, duress and undue influence
Fraud – one party makes a false statement or doesn’t say something and knows the facts and deceives the other into an agreement
Misrepresentation- a false statement is made without any intent to deceive
Undue influence- if you do anything against your will then there is no agreement.
Duress- unfair acts that consist of violence to person, family, property, house, emotional distress, threats to business without real consent to enter an agreement.
C .Capacity- the legal ability to enter into an agreement or contract.
Minors can’t be bound to contracts at all, adults can, and emancipation can allow a minor to become an adult. Mentally retarded people, legally insane people and people intoxicated or drugged at the time of the contract may be treated like a minor. Ex Intoxicated and the 100 dollar tip- he got it back.
D.Consideration- a bargainful exchange of benefits and detriments- sacrifice (the promise to exchange things for) an open promise is one line of consideration and there always has to be two.ex just come here and I will give you 5,000 dollars
Not an agreement.
Promissory estoppel – (you had a defense but now it is being taken away from you by the court) when someone changes their position greatly in reliance of a promise of a person and it is not fulfilled. Ex: this woman, after a promise of a job in California by an employer. she sold her house and quit her job and went to California, when she got there, he said there was no job and the court would say he cant say that and give her a job if she still wants it.
A waiver is signed you give away your rights, you waive them.
Detrimental Reliance – means that you are out of pocket due to a particular something.
Statutes of limitations says that you have a certain amount of time to sue, 4 yrs
for contract goods(ucc) 6 yrs for contract suing and ten for judgments that you must renew
Past consideration – the promise to give something of value in return for goods. Quantity matters just like in the first part of contract law: offer.
“All” under quantity makes it a specific contract. It is called an output contract.
Illusory contract- does not obligate the person who would like to buy it to nothing, if no money is put up for it then, he doesn’t have to owe anything. (Ex) One penny for 8 cd’s too good to be true? Well you paid something so now you owe for all of them. As long as you remain silent there is nothing that would be a problem for you if you got something for free
You don’t have to pay someone else’s lawyers fees unless they can make you sign not forcefully on your responsibility to pay for their lawyer fees. Otherwise you are just responsible for your own.
E.Legality-An illegal agreement is void, crimes, and usurious agreements charging more interest than implying, gambling and wager agreements, unlicensed agreements, if you require a license you must get one. Restraints of trade, embargo agreements are not legal either.