美国合同法案例Wood的 v. Lucy, Lady Duff-Gordon.pptVIP

Wood v. Lucy, Lady Duff-Gordon Facts The plaintiff, Otis F. Wood, was a top New York advertising agent whose clients included major commercial clients as well as celebrities. Facts The defendant, Lucy, Lady Duff-Gordon, styled herself as “the creator of fashion”, was a leading designer of fashions for high society.(her couture服装设计label known as Lucile, was a leading designer of fashions for high society as well as the stage and early silent cinema无声电影, and was a survivor of the 1912 sinking of the RMS Titanic. ) The things which she designed, or other things like fabrics, parasols were of high value in the public’s mind when issued in her name. D Lady Duff-Gordon signed a contract with Wood giving him the exclusive right to market garments and other products bearing her endorsement for one year beginning on April 1, 1915. (and thereafter from year to year unless terminated by notice of 90 days)This contract gave Lucy Duff Gordon half of all revenues thus derived. Facts Woods only duties under the contract were to account for monies received and secure patents as necessary, but if Wood did not work to market the clothes, no monies would be received and no patents would become necessary. Around the same time, Duff-Gordon came up with an idea to market a line of clothing for the masses and broke the purported agreement by endorsing products sold by Sears Roebuck and Wood sued. Facts The plaintiff insisted that the defendant placed endorsements on clothes without his knowledge and in violation of the contract. Facts The defendant defended on the grounds that no valid contract existed and therefore since the P had not made an express promise to do anything, the D contended that the agreement was invalid and could not be enforced for lack of consideration. Facts The trial court denied Lady Duff-Gordon’s motion for a judgment on the pleadings and found for Wood. The intermediate appellate court reversed the trial court