A legal issue regarding a breach of contract was recently covered in The Huffington Post recognizing Charlize Theron, model and actress, as the defendant. Her celebrity status gave rise to her being offered a contract by Raymond Weil, a respected jewelry designer and distributor. Theron signed the contract which provided that she would be under contract with Weil from October 2005 through December 2006.
The conditions outlined in the contract included the following: Theron would wear Weil’s watches at public events, pictures would be taken at the events and would be used by Weil for advertising purposes, and Theron would be prohibited from participating in other jewelry advertising campaigns sponsored by competitors or charities (The Huffington Post, 2008). Weil filed suit in a Manhattan federal court citing Theron for breach of contract on two separate occasions. Theron had been photographed at an AIDS charity even in February 2006 wearing a necklace that supported the charity.
Theron was photographed again at a Texas film festival in March 2006 while wearing a watch designed by Christen Dior (The Huffington Post, 2008). As the defendant, Theron is not left much in the way of a defense in these matters since the incidents are recorded on film. Theron could contain that the contract contained an illegal purpose. This illegal purpose could be demonstrated as a demonstrative technique, on the behalf of the Plaintiff, which could create the possibility of future unemployment.
Theron could further contend that the conditions of the contract were unable to be performed as the contract did not specifically outline which events were noted as advertising photo opportunities for Weil (Moelmann, Horowitz, & Lybeck, 2009). These minor technicalities would not likely carry much weight in the eyes of the law as the pictures in evidence speak volumes. LEGAL ISSUES 3 The Plaintiff in this case has done a good job at citing the breach of contract by obtaining photographs demonstrating the actual breach.
There are many remedies afforded to the Plaintiff in this legal matter. First, the Plaintiff may sue for compensatory damages as well as attorney fees and costs. Another remedy would be in suing the defendant for punitive damages. The punitive damages would assert that the defendant must pay a penalty, punishment, for her deliberate violation of the contract (Cohen & McKendrick, 2005). Finally, the Plaintiff could sue the defendant under the recession remedy. This remedy mandates that any money advanced to the defendant for a specific job or performance must be returned to the Plaintiff (Cohen & McKendrick, 2005).
This case was discontinued so long as the settlement terms were complied with within thirty-days (The Huffington Post, 2008). The terms of the settlement were not released to the public. References Cohen, N. , & McKendrick, E. (2005). Comparative remedies for breach of contract. Portland, OR: Hart Publishing. Moelmann, L. , Horowitz, M. , & Lybeck, K. (2009). The law of performance bonds (2nd ed. ). Chicago, IL: ABA Publishing. The Huffington Post. (2008, November 4). Charlize theron settles $20 million lawsuit. Retrieved from http://www. huffingtonpost. com/2008/1/04/charlize-theron-settles- 2_n_140920. html