Advertisement

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).

Advertisement

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

Tonight on PBS: A Capitol Fourth with Barry Manilow, Hunter Hayes, and KC and the Sunshine Band
[youtube]https://www.youtube.com/watch?v=5IQqWgdF1z0[/youtube] Tune in tonight to watch A Capitol Fourth on PBS, featuring Barry Manilow, Hunter Hayes, KC and the Sunshine Band, Alabama, and Lang Lang, and hosted by Bradley Whitford. And ...

posted 12:00:57pm Jul. 04, 2015 | read full post »

Marvin Gaye Sings the Star Spangled Banner
Happy 4th of July! [vimeo]https://vimeo.com/34606761[/vimeo] ...

posted 8:38:56am Jul. 04, 2015 | read full post »

The Declaration of Independence -- Happy 4th of July!
https://www.youtube.com/watch?v=ETroXvRFoKY ...

posted 7:00:25am Jul. 04, 2015 | read full post »

For the 4th of July: Singing Founding Fathers in "1776"
Happy Independence Day!  Every year, I recommend the rousing musical about the Declaration of Independence. "1776" makes the Founding Fathers vivid, human, and interesting characters, and is so involving that you almost forget that you already ...

posted 8:00:01am Jul. 03, 2015 | read full post »

Sesame Street's Maria Says Goodbye
Sonia Manzano has announced that she is leaving Sesame Street after 44 years.  She was 22 years old when she auditioned for the brand new series that would revolutionize children's programming. She became Maria, one of the first Latina ...

posted 1:20:21pm Jul. 02, 2015 | read full post »

Advertisement


Report as Inappropriate

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

All reported content is logged for investigation.