Shirley Parker Contracted With Twentieth Century Fox Film Corp

946 Words Sep 28th, 2015 4 Pages
Shirley Parker contracted with Twentieth Century-Fox film Corp. to play the lead female actresses in the musical Bloomer Girl. The contract stated that she would be compensated of $750,000 for her role beginning May 26, 1966. On April 4, 1966, Fox informed Parker of its intention not to produce the film any longer, and instead offered her the lead role in another film with the contract being almost identical to the previous one. Parker refused and brought suit against Fox for breach of contract. The judgment ruled in favor of Parker.
That Fox breached the original contract and that even though Fox made a counteroffer, Parker can legally refuse and not face damages.
This case covers the mitigation of damages. An injured party’s damages may not be reduced by mitigation for her failure to accept or seek other employment of a different or inferior kind.
Parker must proof that the new role as acting in a western is not equivalent to singing and dancing in a musical. The new role must not be different and inferior, and that no factual dispute was presented. However, this was not the scenario here between the offers.
That the new offer was different and inferior and therefore, did not have to accept or try to mitigate damages.
Fox cancelled the original contract very close to the start date of the musical. The musical was to be filmed in Los Angeles, and likely to be in a convenient location for Parker. The new role in the western film was going to be produced in Australia. This…
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