Plaintiff, a motion picture producer, sued to recover from defendant movie stars
ID: 364576 • Letter: P
Question
Plaintiff, a motion picture producer, sued to recover from defendant movie stars damages for breach of contract, unjust enrichment, breach of confidential relationship, and services rendered and benefits conferred in connection with defendants' use of plaintiff's idea for production of a motion picture based on the play “The Taming of the Shrew.” The idea also included the casting of defendants as the stars, the use of a stage director as director for the picture, the elimination from the film version of the play within a play device employed by Shakespeare, the beginning of the film with the main body of the story, the inclusion in the film of two scenes merely described in the play, and the filming of the picture in Italy. The trial court ruled for the defendant. The best argument to change the result on appeal would be:
a. There was a breach of contract and a breach of confidential relationship.
b. There was a copyright infringement.
c. There was unjust enrichment.
d. None of the above.
Explanation / Answer
Ans 1) The tort that I can sue for is Commercial Disparagement, and the defendant would be the competitor. Commercial Disparagement is actually any kind of derogation info. in public about a person or about his/her business and influencing others not to deal with the person. Hence as stated above this is the case of commercial disparagement. Where in the competitors can be sued for it.
Ans 2) For Breach of contract claim I can sue the Retail chain, because it is the contract that I have with the retail chain and Retail has broken the contract and that is why retail chain can be sued for breach of contract.
ANs 3) From retail chain damage equivalent to the breach of contract has to demanded as compensation.
And from the competitors the damage equivalent to the reputation of product because he