Singer and actress Zooey Deschanel says Steve Madden, the shoe company, breached an oral contract with her in which was essentially the brand ambassador for the company. She claims she fulfilled her end of the bargain but Steve Madden didn’t. Now she wants them to pay up! A quick thing on oral contracts before you read the story on THR., Esq. People get a lawyer to draft a contract for you. Seriously. For the kind of damages (money) sought, the agreement should have been in writing. What is expected should this case not settle? The courts and counsels for the defense (Steve Madden) and plaintiff (Deschanel) have to fight over:
1) Was there really a contract? In this case, it gets quite nasty because obviously Madden will say none existed, absent really solid proof through witnesses and document evidence/paper trail.etc.
2) If the court determines there was a valid contract, then the question is, did a breach actually occur?
3) If a breach occurred then the analysis becomes, was it a “material” i.e. substantial.major breach vs a minor breach?
Let’s see what happens. For UDUAK LAW FIRM analysis on breach of contract claims, click here.
To get the full scoop on Deschanel head to THR, Esq. Hollywood Reporter.
If you’d rather just enjoy Deschanel’s music and stay out of the legal battle field, check her performance below.
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