Tuesday, January 26, 2010

Agreement on Specific Relief: American Idol and Irrepable harm

Contractual provisions providing for the consequences of breach are an interesting topic. Liquidated damages provisions that impose financial sanctions that do not represent reasonable estimations of actual damages operate as penalties are not enforceable, and agreements that stipulate that equitable relief will be available under circumstances are not binding on courts -- if the standards for equitable relief are met, equitable relief will be granted; if they are not, the parties' agreement that equitable relief should be provided won't compel the court otherwise. But it's unlikely that the provision discussed below will be challenged -- American Idol certainly has grounds to argue it would be irreparably harmed by early disclosure of its outcome:

Huliqu News reports:
American Idol Season 9 is just getting underway for viewers but leaking information about finalists or winners is a breach of contract for Idol contestants. That goes for their families as well. Michael Lynchehas been given the boot by Idol because his father couldn't hold his excitement back. Apparently the elder Lynche told a local Florida paper that his son was a finalist in the show and that's against the rules.

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