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Essay / Research Paper Abstract
This 6 page paper looks at the case provided by the student concerning the legal action taken by New Line against Kim Basinger for breach of contract concerning the film Boxing Helena. A set of questions are answered regarding the way in which compensation was considered and calculated including whether the plaintiffs minimum and maximum loss calculations were correct, assessing which elements were important in the way that the compensation was assessed, and provides an alternative justification and calculation for an alternative level of compensation. The bibliography cites 5 sources.
Page Count:
6 pages (~225 words per page)
File: TS14_TEboxhel.doc
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Unformatted sample text from the term paper:
the way this minimum and maximum values where set these were damages calculated as a result lost profit by the plaintiff. It may be argued that the minimum amount should
be revised downward due to the uncertainties and insecure nature of some of the assumptions. However, the maximum assumptions appear to take the most optimistic approach, so it is acceptable.
Theoretically, the minimum should take the minimum projection of losses should take a pessimistic view, and the maximum the optimistic view (Chadwick, 2007). a. The first consideration may be the
allowance for the expected $3 million domestic market revenues. However, it may be argued that a court case is to compensate for losses inured as a result of the breach;
it should not be a speculative action. The $3 million for domestic sales was a speculative figure; the contract was not finalized and therefore may have ended up at a
different kevel. While it is possible to argue reasonability that the figure is unlikely to have been zero, the $3 million was also far from assured. Furthermore, even the expert
for the plaintiff accepted that the domestic market was not efficient and implied they were not reliable; however they were using this argument to support a potentially higher rather than
lower figure. But, if this is unreliable, it is also quote possible the figure would be lower. Had the breach occurred after the agreement had been finalized the $3 million
figure would have been acceptable. b. The $800,000 estimate for foreign presales is also not assured; therefore, it is also a speculative figure. However, in this case the way it
has been assessed is based on expectations, and if, as the plaintiff claims, this is a more stable and predicable market, this may be a more reliable estimate to be
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