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Blaustein V. Burto Brief

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Blaustein V. Burto Brief
Blaustein V. Burto Brief

Action: The plaintiff (Blaustein), was looking to receive payment for the usage of his movie idea which resulted in the exhibition of a movie.
Facts: Based on a movie idea, Mr. Blaustein the plaintiff, met with Hugh French, the agent for Richard Burton, Marting Gang, Mr. Burton’s Attorney, and Burton himself June 30th 1964. During that meeting, Mr. Blaustein pitched his idea to develop a movie based on Shakespeare’s play The Taming of the Shrew. He went into detailed regarding the name of the movie, the main scenes of the movie, the actors that would play it, the director he wanted to contract, and the country where he wanted to shoot it in. Burton concluded by saying “well let’s go ahead now” because Elisabeth and he would like to do it. December 1965, Blaustein heard rumors that the movie was taking place and wrote a letter to Columbia pictures to make sure he would receive payment for the usage of his idea, but Mr. Gang advised him not to do so to avoid Columbia from backing down from the deal. Finally the movie was released in March 1967 with his ideas portrayed. He sued for breach of contract, unjust enrichment, breach of confidentiality relationship, and services rendered and benefits covered.
Issue: Was there a contract, and if there was, did the defendants breached that contract and confidential relationship, and unjustly received enrichment from such breach?
Decision: Yes, there was a breach of contract.
Reason: The rights of an idea discloser to recover damages from an idea recipient under an express or implied contract to pay for the idea in event the idea recipient uses such idea after disclosure. The appellant’s idea is be protected by contract.

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