Legal Report for Jay - Essay Example

LEGAL REPORT FOR JAY The legal suits that Jay could face can be basically of 4 types. They are Breach of contract suit by Bruce Spillis and Brad Spitt. 2. Suit for not paying the promised payment from a car dealer. 3. Pressure for more payment for nominal service from Advertisement Company. 4. A case from Tom chews as the illness caused to him was due to the on-site doctor. 5. Failure of executing a contract. When a movie producing company hires actors, the breach of contract can be of mainly two types. First one to be, the producing company quitting the actors and the second one being the actors drubbing the company. But in this case though both were not true and were true in one or the other sense. The actors were incapable of executing their contract due to injuries on duty. This makes producer liable for them. It was not given that whether producer paid for their medical expenses. If paid It is better to some extent. But if not paid and they hired other actors for the film the injured actors have full right to sue the company in any court of Law for breach of contract. When we order a car or a thing there is a need to have a agreement between them and us. Usually those agreements will be in printed with the dealers and we unmindfully sign them as we do not anticipate any grievous on toward incidents. Though the problems occur rare the business people will be aware and will be careful in framing their agreements in putting all the onus on the customer in case of any unforeseen disasters. In the case of the advertisement company actually they agreed for the contract just by ignorance of two new employees. After that Jay signed the contract ignoring to see the details of payment and liability terms. As the payment was typed 10 times the one agreed at the oral agreement and liability of the company was completely nullified by putting a rider in small letter that even any fault and ignorance of its own employees also was not to be bore by the company. The fourth one may be about the health and inability caused to tom chews. The prescription of on-site doctor resulted in diarrhea (though the medicine was given by wrongly reading of the spoiled prescription paper). But the responsibility lies solely with company as they provided a doctor. There were no details about the on-site treatment of the actors. But by seeing the case and behavior of Jay and her signing of advertisement contract one can predict that she might have not followed necessary precautions in contract with Tom chews about the maintenance of him on site. The last one may be about the promoting of the film in the prescribed time. As the advertising company bagged order for large amount for the small execution and was not intended to work; this may also cause a severe trouble for the Production Company as they has to face the problem of non execution of contract. Breach of Contract When a company and a worker enter into a contract and a dispute arises between them due to some reason. Here the dispute is injury of the workers (actors) on site. This made the work to come to a halt. When the company tried to hire new workers (actors) without settling terms with the old ones, they have all the right to sue the company. It was not mentioned whether the contracts with Bruce Spillis and Brad Spitt were settled (cancelled) or not. But by the way Jay handled the situations and contracts and the information she received about the execution it seems that she did not settled the terms with the former workers (actors.) This entitles the workers to fight in court for compensation. But if company tries to defend itself that it is their negligence that made them injured on site and prove it will be of some help in winning the case. It is difficult but not impossible. If the company succeeds in proving the negligence of workers they have to pay. But if it is not the case the company has to pay for old workers a full payment or reinstating them in to work. Though there is a chance for the company to prove its innocence there was very little chance to do it, because the way the actors injured shows the negligence of the company and Jay. There is chance for Jay for arbitration with the actors if she was willing to work her film with them. The way of arbitration is a better solution as it involves the working of the two actors and nullifying of a legal problem. Failure of payment Here no instance of agreement was mentioned with car dealer. It was told that she ordered a car. Generally the order papers will have the terms of payment but they generally do not mention the conditions like disasters and vandalism. So in this case Jay might win over the car dealer ship company but not without a lot of stress and strain due to the legal proceedings and arguments. Actually the chances of company going to court is very less, but if it goes Law may take the side of Jay if there was no mention about the unforeseen circumstances like that of the vandalism occurred in this case in order paper. If the company does not sue Jay it is well for her. But if it sues Jay should fight till the end as coming to the terms with the company in the middle of the case may benefit the company, for the dealer ship is about to loose the case. If it happens she can collect compensation from the dealership for the mental torture and agony caused by the company by filing wrong case against her. It is clear that the company did not send any bill to her address at least 20 days before the billing period. This makes company at the receiving end which tells the court that the thing was not delivered to the customer. Jay can also sue the company who violated FCBA. If she wins she can be awarded damages up to $10,000 depending upon the amount involved in the case. Another case of failure of payment The advertising company cheated her by typing an amount 10 times the agreed one. There are two feeble chances for her to get out of the case. One is a formal agreement between the employees and her for accepting the contract for the company. The other is about the mention of the places of promoting the film. The third point may be the definition of major urban areas according to law. If there is only an oral agreement between the employees and Jay in the first instance of their meeting the agreement she signed without reading it carefully makes sense in the course of case. After that in Canada there cannot be only three major urban areas, though she cannot avoid the payment, she can get relief by making the company promoting the film in all the major urban areas of the country. For this one she has to prove a number of places as urban areas under law which is not so much difficult. The only way for the production company to come out of this case is to prove that Toronto, Montreal and Vancouver are major urban areas as they really are. This compels the advertising company to promote the film in the above-mentioned areas. Another breach of contract Tom Chews who was made unable to work for months due to the 'Niagara' drug, by the prescription of on site doctor may suit her for compensation and stopping of her film shoot till he got well for work. As this case was related with the first one by the time Tom Chews got well the movie may have been completed if it was shot with Spitt and Bruce Spillis. So it is better for Jay and her company to have a settlement with Tom Chews as he will be unable to work for months and in this course the two former actors were ready to work for the company. So it is advisable to Jay to have a outside settlement with Tom Chews as he was unable to work at present and by paying him a reasonable compensation she must reinstate Brad and Bruce into work if they are willing to do it. Non-execution of Contract In behalf of HD Inc; Jay signed a contract with a chain of theatres to promote film before its release. Now not even film was being shot well the promotion work also was not being done up to the mark by the advertisement company. This makes Jay to pay compensation to the chain of Theatres as there was a clear breach of contract of not promoting the film as was mentioned in the contract. The respite here depends on the ability of the HD LP to prove the mal-intentions of the advertisement company about drawing a big amount for the small work or to prove the area where chain of theatres situated is a major urban area. So that the advertisement company will be compelled to promote the film in that area as it was written in the agreement. In spite of all the above-mentioned contexts there is only one respite for her to sue others. It is the music celebrity Celine Dijon who refused to work for her film's theme song. But it was not mentioned whether the agreement between Celine and the company was written or not. It can be doubted in that manner because the initial agreement was done at a hotel and if there is no written one she has to prove the oral agreement in the court of Law. The way the cases affect the company makes all the three directors to pay the legal charges and compensation equally as it was a limited company. As equal voting rights were given for Jay, Steven, Donald whatever may be the form of the expenses it should be paid by all the three directors equally. No director was mentioned as MD or as a Chairman. This makes all the three directors equally responsible for the deeds done and spoiled. Another case she can find relief is that the context of 12 years actor Britney. The agreement with her if any can make her guardian pay for the loss caused for the production due to childishness and adamant nature of her. Here also the clear agreement structure was not mentioned. If there was no substantial written agreement between the company and the guardian of Britney then the company can feel good about not facing another from Britney. There is a chance for the production company in the case of Tom also. As he was also responsible for getting the wrong medicine and if not so it is the responsibility of the doctor. The case can be put on the doctor and he can get help from an insurance company if he was insured for those purposes. If not he has to prove that the prescription was altered un intentionally by Tom if he had a carbon copy of it. But Doctors generally do not maintain a carbon copy for the prescriptions and their writing is not so good, it can be termed that the case of Tom Chews may involve Doctor along the Company, for the laws in the United States of America in the case of this type tell so. Conclusions As a whole Jay and her company will be liable for punishment or penalty in the case of Brad and Bruce if they did not have a settlement with Tom and reinstate the former duo. In the case of a car dealer she can come out unpunished, as there was no agreement between them except the order she placed for the car. In the case of Advertisement Company, Jay and Co must prove the areas they have to promote film as major urban areas and compel the ad company to promote their film in those areas. This makes the compulsory payment that should be made to the company be worth of it. In case of Tom as he is unable to work for months it is better for the Jay and her production company to settle the matter with him outside the court with a reasonable compensation and make Brad and Bruce work once again. In case of chain of theatres case it depends on the context, whether the company can prove that area where the theatres situated is also a major urban area under the law and compel the ad company to promote the film. References and Bibliography www.constructionweblinks.com/Resources/Industry_ Reports__Newsletters/March_12_2001/nebraska_contractor.htm - www.demos.org/pubs/Morality%20and%20the%20Market.pdf Read More