Q&A: If things happen prior to a contract signing, Does that mean that the contract wasn’t breached.?

Question by Tron Tanner: If things happen prior to a contract signing, Does that mean that the contract wasn’t breached.?
A girl I know appeared in one of my music videos. she agreed.. but didn’t sign consent forms to be in it. Now it’s finished and ready to go up but the girl says I gotta take her out because her label contract which she signed 3 days ago made it so her label owns her photographic image.

If she appeared in the video way before she signed her label contract does that mean she’s still prohibbited to be in it?

Best answer:

Answer by Felonious Monkey
You may have a case under a theory called promissory estoppel. Here’s what you have to prove

1. The girl made a promise which was reasonably intended to induce action on your part
2. Her promise actually induced action on your part
3. The action you took has caused you to suffer some kind of damage (probably economic)
4. The only way to “fix” the situation is to enforce the promise (the court must decide this)

Another theory of recovery is section 2-207 of the Uniform Commercial Code which states that even indefinite promises can create an enforceable agreement. Courts will look at several factors including:
1. The behavior of the parties during the transactions so far
2. Your past dealings with this girl
3. Industry standards

Good luck!

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