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Contracts Keyed to Calamari
Locke v. Warner Bros., Inc.
Citation:
Court of Appeal, second district. 1997. 57 Cal.App.4th 354,66 Cal.Rptr.2d 921.Facts
Plaintiff entered into a settlement agreement wherein the plaintiff could submit to the defendant any motion picture they wanted to make. The defendant had the option to not follow though on any submitted motion picture. Under the agreement the defendant was able to exercise their discretion, and were not obligated to engage the plaintiff, and did not, in fact, do so. The plaintiff brought suit alleging bad faith on this ground. Defendant responded that they were not obligated to do take any further steps, and had not violated the terms of the contract.
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