I am producing a show and all talent has signed acting agreements. Everyones contract states that they agree to stay with the show for one season consisting of six episodes. The passage is below:
"The Actor is herby required to complete 1 season(s), consisting of 6 episode(s), with the motion picture. If the actor is to not resign a new contract after the Actor's contracted term, the actor must provide notice to the Production Company before the final episode of the season is written. Failure to do so may result in fines, fees, legal action or a forced resign with the Production Company for the Picture."
I have an actor who is now in breach of contract, leaving the show early. I will be filing a law suit. Here are my questions however. The biggest issue is production time lost. However because this actors presence hasn't been abundant on set I have been able to cut production costs for days lost. There for no money was lost. However because no money was lost does not change the fact that she has breached her contract and we will loose further production time looking for a replacement causing us to reschedule release dates as well as the production schedule.
It is my understanding that seeking a settlement under nominal damage means that no money was lost. It is also my understanding that a verdict could be returned forcing the talent to complete their contract per court order. It is also my understanding that I could motion that the talent pay court and legal fees.
I just want to know if I'm correct thus far and if my understandings are true. I also want to know if anyone has any insight as to the chances of winning the case.
It is also my understanding that I would file this in small claims court.
Answer by Ranger4402
In order to prevail in a civil court action, you must incur monetary damages. So far according to your post, you are not out any money. You even stated such. You did note the following:
"However because no money was lost does not change the fact that she has breached her contract and we will loose further production time looking for a replacement causing us to reschedule release dates as well as the production schedule."
If the above results in money lost, then you may have monetary damages. If you have to spend more money because of this actor's departure then consult an attorney because you'll need one to sue.
But so far by your own admission, you are not out any money. You have no damages so you have no standing to win a civil case. Suing right now is premature.
Answer by Señor Sñarky
Depends on why they're leaving the show early. If you want to force him to come back to the show that is a legal possibility, though I wouldn't count on an especially good performance. If it were me I'd choose to perform drunk and pepper the show with swear words, switch between different accents and affect various physical handicaps at inopportune times. Is that what you want?
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