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39 Cards in this Set
- Front
- Back
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Croce v. Kurnit
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-Fiduciary Duty
-Unconscionable Contracts |
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Fiduciary Duty
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Even in the absence of an express attorney-client relationship, a lawyer may owe an obligation to persons with whom he deals; is bound by standard of fairness, good faith, and loyalty.
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Unconscionable Contracts
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affronts sense of decency and usually involves gross one-sidedness, lack of meaningful choice, and susceptible clientele; requires some showing of an absence of meaningful choice on the part of one of the parties together with contract terms which are unreasonably favorable to the other party.
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Wil-Helm Agency v. Lynn
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-Bi-lateral Agency Contract (included that neither agency nor the individual performer could partake in acts that would hinder the obligation of the other to fulfill the contract).
-Anticipatory Repudiation -Fiduciary Duty |
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Collective Bargaining Agreement
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Represents contracts between management and labor unions in a wide variety of contexts.
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Personal Services Contract
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A nontransferable contract in which unique talents, abilities, or skills are contracted for thereby rendering a delegation or assignment null and void. Often occurs in sports, artistic, or entertainment related contracts.
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Grammer v. The Artists Agency
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-CBA with SAG
-Settlement Agreement releasing from motion pictures -waived violations -post-dated renewal contract |
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Holmes v Smith
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- Statute of Limitations, tolled
- Quantum Meruit -Capacity |
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Isley v Motown
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-JNOV
-Settled out of court -Ever-changing story -Poor documentation -Special Verdict Form |
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Coppel v Bolton
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-Letter of Intent
-Partial Performance -Motion 12 (b) 6 - failure to prove claims |
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Main Line v. Basinger
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-LLC
-separate legal entities |
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Interview with Alec Baldwin
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x
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Mills Music v Snyder
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-Derivative Works
-Termination of rights -Copyright Act of 1976 |
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Ahern v Scholz
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-FMA
-Substantial Breach v. Unsubstantial Breach -Material Breach -Anticipatory Breach |
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Marquez v Screen Actors Guild
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-Duty of Fair Representation
-Union Security Clause -Statutory Language -Supreme Court Case |
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Nick Marino v WGA
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-Duty of Fair Representation
-CBA -Arbitration |
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Fess Parker v 20th Century Fox
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-Joint Venture
-Arbitration Clause (unclear) -CPA (Certified Public Accountant) -Relief must be under statute |
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Costanza v Seinfeld
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-Invasion of Privacy
-Name & Likeness -Advertisement & Trade -Filed under Common Law, not Statutory |
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McCollum v. CBS
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-First Amendment
-Music = Unprotected Speech? |
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Kass v Young
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-Class Action
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Anticipatory Repudation
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An indication by one party that they will not perform, it is okay to suspend your performance without consequences of breach
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Statute of Limitations
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A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.
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Capacity
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The ability to enter into a contract from a legal point of view.
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Quantum Meruit
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Latin for "as much as he (or she) deserved." In an implied contract situation, a court can calculate damages so that one party is not unjustly enriched by the goods or services of another. Often awarded as "reasonable" value of the goods or services provided using fair market value analysis.
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Judgement not withstanding
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JNOV
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Letter of Intent
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Demonstrates that at least one of the parties is serious as to their intent of forming a legally binding agreement.
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Best Alternative To Negotiated Agreement
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BATNA
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-Lost Opportunity
-Litigated -"Or Else" |
Categories of Leverage
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-Give to Get
-Hardball -Softball |
Styles of Negotiation
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Deadlock
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brings negotiation to a screeching halt (hopefully temporary), giving a chance to check w/ client.
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Delay
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Tactics should be used when a deadline is approaching to put the opponent on the defensive.
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Accelaration
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Useful to bring a negotiation to a conclusion
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Repitition
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Focuses opponent and emphasizes your strong points
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-Repetition
-Listening |
Communication Tools for Focusing
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-Offer initial draft and send to other side for review
-Keep pressure on to get the draft done properly -Overreach -Apply the golden rule. |
Don'ts:
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-Rules of professional conduct
-Rule prohibiting illegal conduct -Fraud |
Constraints that Limit a Negotiator's Range of Actions
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-Timing
-Opportunity -Uncertainty -Sanction |
Levers used to maximize bargaining position
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Quid Pro Quo
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Never give up something for nothing
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-Gather Information
-Balance Perceptions -Define Negotiations Parameters -Make Initial Use of Leverage -Build Rapport |
Objectives in making an opening move:
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