Parker vs. Twentieth-Century Fox Corp Essay Example | Topics and Well Written Essays - 1500 words

Parker vs. Twentieth-Century Fox Corp - Essay ExampleFacts The plaintiff is well known as an actress and in the slim down signed by the defendant and the plaintiff at times she is referred to as the artist. According to the contract as of the 6th of August 1965, she was meant to play female lead role in the contemplated production of botcher Girl, a movie by the defendant. The contract provided that the plaintiff would be paid a guaranteed minimum stipend of $53,571.42 every week for the fourteen weeks commencing the 23rd of whitethorn 1965. The total pay amounted to seventy five thousand dollars. Before May of 1966, the defendant decided against the pictures production and in a earn dated 4th April 1966 notified the plaintiff of the very same decision telling her that it would not be in compliance with their earlier obligations low the written contract (Blond 25). In the same letter, the defendant, with a professed purpose meant to avoid any damage to the plaintiff, instead gav e the plaintiff the leading actress role in yet another demand. This film was tentatively titled Big Country, Big Man, referred to hereafter as Big Country. The defendant leaveed an identical compensation, as they did with thirty-one of the other 34 articles or provisions of the original contract. However, blooper Girl, as compared to Big Country, was a Western type, dramatic movie, not a musical like the earlier Bloomer Girl. Bloomer Girl was to have been shot in California while Big Countrys location was in Australia. In addition, other plastered terms in the contract proffered varied from the contract drawn up initially. The plaintiff was given 1 week to accept the offer, which she failed to do until the offer elapsed. The plaintiff hereby commenced the court case seeking the agreed guaranteed compensations recovery (Mann and Barry 45). The complaint set two causes of action forth. Firstly, she wanted monetary compensation due under the previous contract. Secondly, she wante d to sue for damages that resulted from a breach of contract by the defendant. In its answer, the defendant admitted the existence, as well as the validity of the contract, and that the plaintiff complied with all the promises, covenants, and conditions of the contract. She was also ready to comply with the completion of the performance and that she had anticipatorily repudiated and breached the signed contract. However, the defendant denied owing any money to the plaintiff, either under the terms of the contract or resulting from its breach and pleaded an affirmative defense to both causes of the plaintiffs action. They assert that she willfully failed to mitigate damages, asserting that she turned down, unreasonably, and its offer of a leading role in the film Big Country. The plaintiff moved for summary judgment under the code of civil procedure role 437c. She was granted the motion and summary judgment for seven hundred and fifty thousand dollars with additional interest (Mann et al. 72). Issue Whether a secondary offer, of employment was teeming to mitigate the damages from the contracts breach and whether summary judgment should stand. Decision Summary was granted where facts are presented that give rise to an issue that is factually triable and not in dispute. The salary amount agreed upon acts as the measure of recovery minus the amount earned by