Thursday, 30 August 2007
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Class Assignment
yeah ignore this im probalygonna delte it my computer is oging CRAZY and i just typed this for blaw and now it won't save OR PRINT so i have to post it here and restart and hope i can get to this ha or else idk okay laterz
Brief Case 3-3
PARKER v. THENTIETH CENTURY-FOX CORP.
FACTS
Shirley MacLaine Parker, the plaintiff, signed a contract to be paid $750,000 to star in a musical movie called “Bloomer Girl” to be filmed in Los Angeles, California. The defendant, Twentieth Century-Fox Corp., the producer of “Bloomer Girl” decided not to film the movie and wanted to use Parker as the lead in a different movie, “Big Country,” which was not a musical. It was a western drama to be filmed in Australia. The producer was willing to use Parker as the lead with 31 out of 34 of the same provisions as “Bloomer Girl.” Parker had 1 week to accept which she did not do.
Since the plaintiff never responded and never starred in either of the movies she was never paid. However, she appealed for the money and under Code of Civil Procedure section 437c, she was granted the $750,000 plus interest because she was prepared to star in the movie and the replacement movie was not an equal replacement for the original movie.
ISSUES
Can the defendant cancel a written contract by trying to ask the plaintiff to star in another movie under almost the same provisions?
Not unless the new movie is very similar to the original movie which it was not.
REASONS
The court felt that the replacement movie was not of equal value of the original movie. The new movie “Big Country” took place in Australia, and was a western drama. There was no dancing, music, or singing at all in the movie. The original movie “Bloomer Girl” required a lot of dancing and singing from the plaintiff. These were her talents that she was known for. This created the new job to become inferior employment. This reasoning was found in the Code of Civil Procedures section 437c. Therefore, the defendant had to pay the plaintiff anyway.
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Comments (1)
Hello Ms. Beth Anne,
This coming Sunday, most Christians will be celebrating Easter, a festival day for an ancient sex goddess named Easter! What sense does it make to honor Jesus with bunnies, chicks, eggs and beans when he asked us to honor him on passover with The Memorial of his death? What will Jesus think about that? "Why do you call me, 'Lord, Lord,' and do NOT do what I say?" (Luke 6:46) (NIV) Now is a good time to do what Jesus actually requested.