Unless your evidence is the contract stating you were owed an exclusive theatrical release, then you have nothing. The fact the lawyer used the word "promises" likely means it wasn't in there.
Contract law is never that simple. The big mistake people make when thinking about this stuff is thinking that the signed piece of paper is the contract. Its not , the contract is the agreement, and the piece of paper is just evidence of the agreement. This has implications, with the big one being that any verbal agreements to modify the terms in some way are just as valid as whats written. The catch is proving it. If Scarlet Johansen has an email, or some other evidence that they made additional promises, then those promises are ALSO in the contract.
I had a client once who tried to stiff me out out of an additional payment he had agreed by claiming it wasn't in the contract. I took him to small-claims court (australia) and submitted the email where he said that yes he had agreed, but it wasnt in the contract.
The judge took one look att the email and basically said "Kind of looks like your saying in this email that you DID agree" and ruled in my favor. Thats apparently an error made a LOT by people trying to stiff others out of payments , and in general the judiciary are NEVER impressed by that sort of ratfuckery.
I always go a step further and respond with something like "I am confirming that you want ### which is outside the scope of the contract/agreement and will result in additional charges of at least $$$. If you have any concerns about this, please reply so we can talk about it." I'll usually call and confirm they got the email and are agreeing to the work - if they don't reply in a timely manner, I'll follow up with something like "I haven't heard from you in writing regarding ### which will cost at least $$$ even though we spoke over the phone and you confirmed that you agreed to the additional costs. I am going to invoice you for the work as we agreed in our phone call."
Probably not perfect as people don't understand that email is treated like a written document in court but at least it will be fun to watch the other side's lawyers slap their foreheads in frustration.
In fact even a conversation is still a "contract" if you can get a witness (if you don't it can pretty quickly degenerate into a he-said/she-said mess that the judge and your expensive lawyer will need to spend very expensive time unpicking). Thats why you should always bring someone with you to meetings with the client, even if is just for casual beers , since you'll never know what might end up being agreed to [but remember, they can subpoena your witness too]
Contract law is never that simple. The big mistake people make when thinking about this stuff is thinking that the signed piece of paper is the contract
Exactly. If I talk to my neighbor and say, "you mow my lawn I'll bake you a pie". It is a contract and it is binding, even though nothing is in writing. Good luck arguing your case in court, but it is a contract.
What's in the contract? (Score:1)
Unless your evidence is the contract stating you were owed an exclusive theatrical release, then you have nothing. The fact the lawyer used the word "promises" likely means it wasn't in there.
Re:What's in the contract? (Score:5, Informative)
Contract law is never that simple. The big mistake people make when thinking about this stuff is thinking that the signed piece of paper is the contract. Its not , the contract is the agreement, and the piece of paper is just evidence of the agreement. This has implications, with the big one being that any verbal agreements to modify the terms in some way are just as valid as whats written. The catch is proving it. If Scarlet Johansen has an email, or some other evidence that they made additional promises, then those promises are ALSO in the contract.
I had a client once who tried to stiff me out out of an additional payment he had agreed by claiming it wasn't in the contract. I took him to small-claims court (australia) and submitted the email where he said that yes he had agreed, but it wasnt in the contract.
The judge took one look att the email and basically said "Kind of looks like your saying in this email that you DID agree" and ruled in my favor. Thats apparently an error made a LOT by people trying to stiff others out of payments , and in general the judiciary are NEVER impressed by that sort of ratfuckery.
Re:What's in the contract? (Score:4, Insightful)
I always go a step further and respond with something like "I am confirming that you want ### which is outside the scope of the contract/agreement and will result in additional charges of at least $$$. If you have any concerns about this, please reply so we can talk about it." I'll usually call and confirm they got the email and are agreeing to the work - if they don't reply in a timely manner, I'll follow up with something like "I haven't heard from you in writing regarding ### which will cost at least $$$ even though we spoke over the phone and you confirmed that you agreed to the additional costs. I am going to invoice you for the work as we agreed in our phone call."
Probably not perfect as people don't understand that email is treated like a written document in court but at least it will be fun to watch the other side's lawyers slap their foreheads in frustration.
Re: (Score:2)
In fact even a conversation is still a "contract" if you can get a witness (if you don't it can pretty quickly degenerate into a he-said/she-said mess that the judge and your expensive lawyer will need to spend very expensive time unpicking). Thats why you should always bring someone with you to meetings with the client, even if is just for casual beers , since you'll never know what might end up being agreed to [but remember, they can subpoena your witness too]
Re: (Score:3)
Contract law is never that simple. The big mistake people make when thinking about this stuff is thinking that the signed piece of paper is the contract
Exactly. If I talk to my neighbor and say, "you mow my lawn I'll bake you a pie". It is a contract and it is binding, even though nothing is in writing. Good luck arguing your case in court, but it is a contract.
Re: (Score:2)
Well if he agrees it is (Thats the part thats generally difficult to prove), yeah.