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Zefirelli to direct the movie. Blaustein then met with Mr. French (defendants’ agent) and the Burtons and explained his plans and ideas for the movie which the Burtons seem to like. After a series of meetings to discuss production of the movie, plaintiff learned that he wouldn’t be producing the movie or be compensated for his idea. While appellant testified that there was nothing unique to making a movie based on “The Taming of the Shrew” starring the Burtons, the movie had very specific similarities to Burton’s ideas. The trial court granted summary judgement in defendant’s favor and the appellate court reversed it.Legal Issue:Is this considered a contract?Rule/Holding:YesReason:Plaintiff’s conversations and conveyance of his idea to the Burtons and their agent was made in confidence and it was his understanding that it was not to be used without his consent. Plaintiff expected to participate in the production and get compensated. The court
concluded that this constituted an implied contract and reversed defendant’s motion for summary judgement.Buchwald v ParamountSuperior Court, Los Angeles County, California, 1992 1992 WL 1462910 (Cal.Superior)Action:Breach of contractFacts:Mr. Buchwald who was a comedian and writer presented to Paramount Pictures a screen treatment he had wrote and named “It’s a Crude, Crude World”. Pursuant to their agreement, he expected compensation based on a percentage of profits if a movie based onhis writing was ever to be produced. When Paramount Pictures released a movie that was very similar to Buchwald’s work but named “Coming to America” and didn’t provide appropriate compensation to Buchwald, he sued Paramount for breach of agreement. The court refused to enforce the contract and provide the compensation requested by plaintiff.