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  1. #1
    Join Date
    Nov 2011
    Los Angeles

    Default When Can You Get Punitive or Exemplary Damages

    My question involves business law in the state of: California

    A typical Hollywood story:

    Two Partners (A & B) enter into an agreement to try and sell a show. Nothing happens for sometime. Eventually, B enters into a contract with a Network to sell the show to them. B does not tell A. B receives money and credit for show. A eventually discoveres that the show has been developed and is soon to air.

    Obviously, A can go after B for breach of contract. However, I feel like I'm missing something. B purposefully deceived A. If A never found out then B gets to keep 100% of the money. Now that B is caught and it is ONLY a contracts issue, B must give A 50%....what he was entitled to in the first place. So in that situation B had nothing to lose by trying to deceieve A. Is there some related torts I should be looking into that would allow for punitive damages?

    So far I've looked into Breach of Implied Covenant of Good Faith & Fair Dealing and Fradulent misrepresentation. If anyone has any thoughts or ideas on the issue I would be appreciative.

  2. #2

    Default Re: Breach of Contract Torts

    Was this a written agreement or verbal agreement? Did either of you copyright any of work that was done for this show? You really need to seek out an attorney who deals with Breach of Contract cases in the state of California. Information on this forum doesn't represent what could happen in real life. Remember, just because something is true doesn't mean it will prevail in court; sadly that is the U.S. justice system for you.

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