Movie Mom

Movie Mom


If Bilbo Had a Lawyer….

posted by Nell Minow

James Daily writes intensive, witty, and very astute analyses of the legal issues raised in feature films.  I love his piece on the 5-foot long  contract between Bilbo Baggins and the dwarves in “The Hobbit.”  Here’s a sample on the very important legal principle of “consideration” (which means that there has to be some sort of exchange).

Here, Bilbo is promising to go with the Company to the Lonely Mountain and performing various services there, including extracting the treasure, plus a few more services we’ll get to later. In turn, as we shall see, the Company promises to pay Bilbo one fourteenth of the profits, plus a few other obligations. Thus we have “a promise for a promise,” otherwise known as a bilateral contract.

There are some other details to notice in these clauses. One is the use of defined terms (e.g. “referred to hereinafter as Burglar”). The parties to a contract may define terms however they wish, even in ways that contradict the definition used in statutes or regulations.

This is important in this case because of the use of the defined term “Burglar.”  Contracts to do something illegal are ordinarily unenforceable (e.g. collecting on an illegal gambling debt). But here what matters is not that the parties used the word ‘burglar’ but rather what sort of meaning they assigned to that defined term. As we shall see, the contract doesn’t require Bilbo to do anything illegal (or at least not obviously illegal), and so the contract will probably not fail for use of a questionable term.

And then there are the liability waivers, the non-disclosure agreement, and the provision for binding arbitration!  The write-up on the tax consequences of Clark Kent’s decision to leave The Daily Planet to be a blogger is pretty good, too!



Previous Posts

The Wrecking Crew
Maybe you like Frank Sinatra and your friend likes the Mamas and Papas. Maybe you've argued about who is better, the Beach Boys or Simon and Garfunkel, or maybe you prefer Elvis. Each of those monumen

posted 9:48:37pm Mar. 26, 2015 | read full post »

Home
"Home" is a cute and colorful movie about an alien invasion with an important safety tip concerning one of the most destructive forces in the universe, something devastating to every known life form.

posted 5:59:44pm Mar. 26, 2015 | read full post »

Ebertfest 2015
Passes are on sale for Ebertfest 2015!  I'll be there!  From Chaz Ebert's blog: We are opening with Jean-Luc Godard's silent opus in 3D, "Adieu Au Langage" ("Goodbye To Language"). Some have complained that you were against 3D films, but we know that you were against 3D when it was used onl

posted 3:49:39pm Mar. 26, 2015 | read full post »

Apps for Movie Fans
Geek Dad has a great list of apps for movie lovers, including MoviePass, which gives you unlimited movie tickets for one set fee.  I'd add Flixter from Rotten Tomatoes and of course my favorite, IMDB.

posted 12:15:35pm Mar. 26, 2015 | read full post »

Pretty Woman -- 25 Years Later
The cast and director of "Pretty Woman" reunited on the Today Show to reminisce about the movie that, improbably, made us root for a predatory finance guy and a prostitute to live happily ever after. They d

posted 1:33:04pm Mar. 25, 2015 | read full post »




Report as Inappropriate

You are reporting this content because it violates the Terms of Service.

All reported content is logged for investigation.