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4 - Paying Up

Remedies

Published online by Cambridge University Press:  05 June 2012

Lawrence A. Cunningham
Affiliation:
George Washington University Law School
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Summary

The duty to keep a contract at common law means a prediction that you must pay damages if you do not keep it – and nothing else.

– Oliver Wendell Holmes, Jr.

INTERESTS AND LIMITS: PARIS HILTON AND “PLEDGE THIS!”

Paris Hilton, descendant of the billionaire hotel baron, lives the life of a celebutante, touting products in exchange for fees and royalties. In 2006, she was supposed to promote the sophomoric film, “National Lampoon’s Pledge This!” Investors put $8.3 million into the picture, buying the script, hiring talent, shooting, and promoting. It was produced as an independent film, unaffiliated with the major studios that command commercial power in the industry. Investors nevertheless believed it had a good chance of financial success in theaters and on DVD.

Vital to its success was Paris Hilton, as a brand. The film company got Hilton, then twenty four years old, to play the leading role in the film and serve as one of its seven executive producers. Her contract with the Pledge group said she would “perform reasonable promotion and publicity services” for the film, “subject to her professional availability.” The contract gave Hilton the right to approve or disapprove specific publicity services but required her to reply to requests within seventy-two hours. Her duties extended to help market the DVD when released. The company paid her $1 million – $65,000 for playing the lead and the rest for these other services.

Type
Chapter
Information
Contracts in the Real World
Stories of Popular Contracts and Why They Matter
, pp. 84 - 108
Publisher: Cambridge University Press
Print publication year: 2012

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  • Paying Up
  • Lawrence A. Cunningham
  • Book: Contracts in the Real World
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139096676.006
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  • Paying Up
  • Lawrence A. Cunningham
  • Book: Contracts in the Real World
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139096676.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Paying Up
  • Lawrence A. Cunningham
  • Book: Contracts in the Real World
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139096676.006
Available formats
×