Final

Question 1

Terms of Contract

Answer 1

offer
acceptance
consideration

Question 2

Implied contracts

Answer 2

Implied by the actions or conduct of a party

Circumstances can imply a contract

Question 3

Deal Memo

Answer 3

Material terms are defined in one page- IT IS A SUMMARY OF THE MATERIAL TERMS- it counts as a contract because everything is included- the definitives are all defined- As long as it contains material terms it is enforceable

Question 4

Unconsciencable Factors:

Answer 4

Unconsciencable Factors:

1. A clear and unambiguous promise
2. Reasonable and reliance to whom the promise was made
3. An injury sustained as a result of that alliance- and then court should create an equitable remedy

Question 5

Promissory estopple

Answer 5

the legal principle that a promise is enforceable by law when the promisor (person making the promise) makes a promise to the promisee (person being promised) who relies on it to his or her detriment.

Question 6

TO INTERFERE WITH A CONTRACT, YOU MUST HAVE A ____ & ______ CONTRACT

Answer 6

TO INTERFERE WITH A CONTRACT, YOU MUST HAVE A VALID & ENFORCEABLE CONTRACT

Question 7

Best efforts

Answer 7

to vague to uphold- must define accutely what is an “best effort” for it to hold

Question 8

Damages for breach of employment contract

Answer 8

DAMAGES THE AMOUNT OF THE SALARY FOR THE ENTIRE CONTRACT- LESS ANY AMOUNT THAT WAS EARNED/REASONABLY COULD HAVE BEEN EARNED THROUGH OTHER EMPLOYMENT

Question 9

There needs to be _____ _____ in order for the talent to be at fault & ____

Answer 9

There needs to be WILLFUL MISCONDUCT in order for the talent to be at fault & proof

Question 10

Good Faith & Fair Dealing

Answer 10

GOOD FAITH AND FAIR DEALING- THEY SHOULD BEHAVE APPROPRIATELY AND ACT PROPERLY WHEN CREATING THE DEAL

Question 11

RIGHTS TO THE RESULTS & SERVICES

Answer 11

THE PEOPLE THEY WORK FOR OWN THE FINAL PRODUCT-INCLUDES RIGHT TO MERCHANDISE, TRANSLATING,

Question 12

RULE OF AMBIGUITY

Answer 12

CONTRACT IS UNAMBIGUOUS IF IT HAS DEFINITE & PRECISE MEANING & THEIR IS NO REASONABLE BASIS FOR DIFFERENCE OF OPINION

Question 13

What contracts should say

Answer 13

SHOULD HAVE SAID “ALL RIGHTS, BUT NOT LIMITED TOO”

Question 14

EXPECTATION DAMAGES

Answer 14

WHAT YOU WOULD ASSUME THE PERSON WOULD RECEIVE DURING THAT TIME

Question 15

Damages

Answer 15

AMOUNT YOU WOULD BE PAID FOR THE UNEXPIRED TERM OF THE CONTRACT

Question 16

MITIGATION

Answer 16

PARTY WHO LOST MUST TAKE ACTION TO TRY AND LESSEN THE AMOUNT OF HIS LOSS- EXAMPLE: IF FIRED HE MUST LOOK FOR ANOTHER JOB

Question 17

MAXIMUM MEASURE OF DAMAGES FOR BREACH OF CONTRACT

Answer 17

MAXIMUM MEASURE OF DAMAGES FOR A WRONGFUL BREACH OF CONTRACT IS THE AMOUNT OF SALARY FIXED BY THE CONTRACT AND DAMAGES TO NAME, CHARACTER OR REPUTATION ARE NOT RECOVERABLE.

Question 18

CONSEQUENTIAL DAMAGES

Answer 18

CONSEQUENTIAL DAMAGES ARE PROVABLE WITH SUFFICIENT EVIDENCE THAT THERE WAS A CAUSE OF LOSS OF PROVABLE AND IDENTIFIABLE PROFESSIONAL OPPORTUNITIES

Question 19

NEW ROLE MITIGATED

Answer 19

MUST SHOW THAT THE NEW ROLE MITIGATED IS SUBSTANTIALLY SIMILAR & COMPARABLE TO THE ROLE THAT WAS TAKEN AWAY
o YOU DON’T HAVE TO TAKE JOBS THAT ARE NOT SUBSTANTIALLY SIMILAR WHEN MITIGATING

Question 20

Equitable remedy

Answer 20

Court will ask for someone to act in specific way or injunction

Question 21

Legal damages

Answer 21

Solving the problem using money

Question 22

Can get an injunction if:

Answer 22

• Money isn’t a remedy
• When the services are special, extraordinary or unique and cannot easily be replaced and the damages are irreparable and unascertainable you can enjoin or stop the person from working elsewhere for the unexpired term of the contract

Question 23

In an injunction or restraint on work:

Answer 23

• Must be fair and can’t be undue restraint

-If it is far geographically, it does not count

Question 24

Based upon credit

Answer 24

Is not as narrowly defined

• Loosely defined & you do not need consent from the person being named

Question 25

Possessory credit

Answer 25

Goes to the producer, director, writer, or creator of the specific work -Must receive approval from person being named

Question 26

Miller Test

Answer 26

(all three must be met) • Average person applying community standards would find that the work as a whole appeals to prurient (bad erotic) interest • Whether the work depicts or describes in a descriptive and offensive way sexual conduct • Whether the work taken as a whole lacks serious literary, political, scientific, or artistic value

Question 27

When can the First Amendment be silenced?

Answer 27

o First Amendment can be silenced when it is going to produce imminent lawless activity

Question 28

3 elements of imminent lawless activity

Answer 28

* Directed and intended towards the goal of producing the imminent suicide/lawless activity * Likely to produce the result * It cannot be an unreasonable reaction- it has to be a specifically intended consequence (has to be all three)

Question 29

Factors of imminent

Answer 29

* Forseeability * Degree of certainty that someone suffered injury * Connection between conduct and injury * The moral blame * The policy of preventing future harm * The extent of burden if this speech would be limited * Getting insurance to protect defendant from further similar charges

Question 30

Can be monitored if:

Answer 30

HOWEVER, radio broadcast is uniquely accessible to children, so it can be regulated Must be right place, at right time Example: Not during primetime