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 cognise as an actress and in the reduce 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 Bloomer Girl, a movie by the defendant. The contract provided that the plaintiff would be paid a guaranteed minimum compensation of $53,571.42 every week for the fourteen weeks commencing the 23rd of May 1965. The total pay amounted to seventy five thousand dollars. Before May of 1966, the defendant decided against the pictures production and in a letter 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 under the written contract (Blond 25). In the same letter, the defendant, with a professed purpose meant to avoid any damage to the plaintiff, instead gave the plaintiff the leading actress role in but another film. This film was tentatively titled queen-sized Country, life-sized Man, referred to hereafter as Big Country. The defendant offered an identical compensation, as they did with thirty-one of the other thirty-four articles or provisions of the pilot burner contract. However, Bloomer Girl, as compared to Big Country, was a Western type, dramatic movie, not a musical alike the earlier Bloomer Girl. Bloomer Girl was to have been shot in California while Big Countrys location was in Australia. In addition, other certain 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 convalescence (Mann and Barry 45). The complaint set two causes of action forth. Firstly, she wanted monetary compensation due under the old cont ract. Secondly, she wanted 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 act 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, take a firm stand that she turned down, unreasonably, and its offer of a leading role in the film Big Country. The plaintiff go for stocky judgment under the code of civil procedure section 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 auxiliary offer, of employment was enough to mitigate the damages from the contracts breach and whether summary judgment should stand. close Summary was granted where facts are presented that give rise to an issue that is factually triable and not in dispute. The honorarium amount agreed upon acts as the measure of recovery minus the amount earned by