Morton 1
Olivia Morton
Professor Bruner
GBA 5215
26 January 2024
Week Three Case Summaries
6.3 (Forest Park Pictures v. Universal Television Network, Inc.)
1.
Who wins and why? a.
Forest Park Pictures wins this case. Although there was no written contract between Forest Park and Universal Television Network, there was an implied contract between
the two. In using the exact premise for a show presented by Forest Park and not receiving any compensation, Universal was in breach of the implied contract. 2.
What allows Forest Park to argue that this is an implied contract? a.
Although there was only an implied contract, not a written one, Universal was still in breach of said implied contract. Forest Park pitched the idea of this show to Universal
with the object of selling the ideas for compensation, but received none when Universal used their exact idea for a show for their own profit. Alex Sepiol from Universal even admitted to not knowing what a “concierge” doctor was prior to the pitch from Forest Park. Forest Park and Universal stayed in contact for a week following their pitch, but after that heard nothing. Forest Park did not consent to Universal going forward with using their ideas four years later, and therefore had every right to argue this was a breach of an implied contract. Their ideas were essentially stolen as they did not receive compensation. 7.5 (Pepsi-Cola Co. v. Steak ‘n Shake, Inc.)
1.
Will a court award damages to Pepsi even though the company admitted the damages could not be calculated exactly?
a.
No, a court will not award damages to Pepsi as the damages are uncertain and speculative. Damages can only be awarded if there is sufficient evidence to calculate the loss with a reasonable degree of certainty. 2.
What other types of damages or relief could Pepsi seek? a.
Pepsi could seek compensatory damages if they argue that they invested in the deal with Steak’n Shake prior to Steak’n Shake’s breach of contract. Pepsi would be awarded the money lost as a result of Steak’n Shake’s breach.
