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N Cal Attorney
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 9368
Experience:  Since 1983
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I had a discussion with a film maker about his film project

Customer Question

I had a discussion with a film maker about his film project over drinks. I expressed enthusiasm for his project. He asked if I would be interested in investing. I said that I would love to be but the Australian dollar is so low that my money would be not worth very much. He indicated that anything would be helpful to start the project. He mentioned different ways that my money can be used. We spoke on many occasions over email about the value of the dollar and recently he demanded that I pay up. I started to have reservations becuase not once did he show me that this project actually existed. Now he is threatening to sue me for breaching our verbal agreement. The only time that he has it in writing that I will pay is in emails from recent weeks when a friend of his threatened me via email-so I gave in and said I will pay. This was under duress.
Submitted: 8 years ago.
Category: Business Law
Expert:  N Cal Attorney replied 8 years ago.
Where are you located?
Where is he?
What were the terms of the proposed investment?
Customer: replied 8 years ago.
I am from Australia and he is from the US. There was nothing concrete discussed as far as terms goes, I thought all that will follow in email/written agreements. I have not to this day received a script/synopsis or anything to show that this project exists. He did send me an agreement via email a few weeks ago after the threat I received from his friend, and I said I will give him the money (only becuase I was afraid). I then told him I was in no position to pay him becuase I would not be able to claim the money as a business expense because of being in another country. He has now become nasty, threatening lawsuits etc.
Expert:  N Cal Attorney replied 8 years ago.
He can threaten all he wants, there is no contract here. There was never a definite agreement to invest in a defined film project.

No one will invest in making a film without knowing that there is an actual script and usually without knowing who else has committed to the project. As I see it you never made a binding contract.

An agreement to make a future agreement is not a binding contract.
California Civil Code: 1549. A contract is an agreement to do or not to do a certain
thing. From http://leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1549-1550

There is so much uncertainty to the purported agreement that there was no real agreement to do any specific thing. So there is no contract here, from what you have told me.
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Expert:  N Cal Attorney replied 8 years ago.
Thank you for accepting my answer.