Business Law Content of Modeling

Question: Discuss about theBusiness Lawfor Content of Modeling. Answer: Initial Information Main Issues in the Case In the present case, primary issue which came to the notice with respect to the engagement of the parties in the contract on the content of modeling. The contract was created between Richardson and Club Vision Lounge for the purpose of swim- suit modeling by featuring male dancers. The major issue was that the advertisement and the contract details of the Lounge did not specified about the requirements on contestants photographs as well as featuring of stripping dancing. Application of Public or Private Law Public law is applicable on the conflicting issues that affect the general society or public while the private law is applicable on issues at individual level concerning the families or small group of related people (Radvansky et al. 2015). In the present case, issue was raised between the company and Richardson that eventually affected the general public. Therefore, Public law is applicable in this case. Application of Public Law Public law is applicable in this case because the issue occurred between Club Vision Lounge and Richardson affected the general public as a whole since, the advertisement published by the organization meant for all the contestants (Ackermann et al. 2015). Even though the defamation by organization affected only Richardson yet it was likely to affect the entire society because the contract was made for contestants in general public. Pleadings Plaintiff Plaintiff is a person or party who takes the initiative to file a lawsuit before the court for the purpose of legal remedy on the dispute (Kutateladze, Andiloro and Johnson 2016). In the present case, Richardson is a plaintiff party since he sued the Club Vision Lounge for defamation. Defendant Defendant is a party whether individual or an organization accused of offense or a person against whom a civil complaint has been sought before the court. In the present case, defendant party is Club Vision Lounge. Pleadings to be Provided by the Plaintiff In the present case, plaintiff filed a suit against the Club for defamation stating the disclosure of male dancer (stripper) on part of Richardson when he was actually not. Further, the pleadings were filed on reputational damages as well as absence of written agreement on the competition conditions. Pleadings to be Provided by the Defendant Pleadings by defendant refer to the response stated in written form against the complaint made by plaintiff. Club responded on the complaint of plaintiff stating the agreement of Richardson with respect to the use of photos. Hearing of Lawsuit Since the case is a disagreement between individual and organization, it forms a civil case which would be heard for trial at the Federal Court followed by Supreme Court if the plaintiff fails to get a remedy. Current Monetary Limit for the Court In case the dispute trial is conducted by small courts then the monetary limit is $7,500 to $25,000 which is increased to $50,000 to $150,000 if the trial is conduct at magistrate court. Discoveries In the present case two most important documents in discovery would be document stated the advertisement details on competition and the photographs produced with respect to the contract. In order to discover the fact of the case, it is important to examine all the relevant documents to find out the confidential communication and intention of forming the contract. Both the parties, i.e. the club and Richardson are likely to be examined. Pretrial conference is process of meeting that takes place before the trial which is conducted in front of magistrate or trial judge or any other officer. It is conducted to accomplish fair and speedy trial between the plaintiff and defendant (O'Mahony et al. 2016). Settlement One of the reasonable offers for settlement for the club can be made is to provide the sum of damages as compensation to the plaintiff i.e. Richardson. The offer is reasonable because Richardson had to face reputational damage as well as defamatory action through the contract. Trial Types of Evidences The evidences that can be presented at this trial are personal evidence and physical evidence. Personal evidence could be confession made by the club as well as the statement of plaintiff. On the other hand, physical evidence could be presentation of advertisement documents and photographs (Atkinson and Wright 2016). Damages that Richardson Suffer As per the contention of Richardson, damages that he suffered were defamatory on the action of the club and reputational damage. It was argued that there was no written agreement present permitting the terms of advertisement of the competition hence Richardson suffered loss out of non- disclosure of facts. Remedies or solutions Mr. Richardson requested at trial The remedies that were requested by Richardson at trial court were compensation of $17,500 for damages and reimbursements of legal fees $200. Legal costs to be awarded to Richardson In case the trial is awarded in favor of Richardson, then the legal costs on filing fee $150 and preparation fee $50 would be reimbursed to him. Enforcement In order to enforce the courts judgment, Richardson can opt for filing a writ for the delivery of compensation against the club. Another procedure that Richardson can select is Garnishee order which requires an order from court to receive the compensation from the defendants bank accounts. However, writ for delivery of compensation amount requires authorization from the court to take the possession of either compensation amount or the properties of equivalent value from the defendant (Tobler 2016). Suggestions on Remedy to Satisfy the Disputed Parties There are various remedies available to settle the conflict between disputed parties. First remedy or solution could be documentation with respect to the issues on the contract that requires creation of written as well as discussion of the matter. Another remedy that parties can consider is mediation that involves a discussion with the third party to settle the disputes related to the contract issues. Arbitration is third remedy which is conducted before a professional arbitrator neutral to both the parties or by respective arbitrators of both the parties. Arbitration is conducted by discussing the concerned issues for the benefit of both the disputed parties by taking fair decisions. Reference List Ackermann, N., Goodman, M.S., Gilbert, K., Arroyo-Johnson, C. and Pagano, M., 2015. Race, law, and health: Examination of Stand Your Groundand defendant convictions in Florida.Social Science Medicine,142, pp.194-201. Atkinson, A.R. and Wright, C., 2016. 11 Dispute resolution.BIM and Quantity Surveying, p.217. Kutateladze, B.L., Andiloro, N.R. and Johnson, B.D., 2016. Opening Pandoras Box: How Does Defendant Race Influence Plea Bargaining?.Justice Quarterly,33(3), pp.398-426. O'Mahony, B.M., Creaton, J., Smith, K. and Milne, R., 2016. Developing a professional identity in a new work environment: the views of defendant intermediaries working in the criminal courts.Journal of Forensic Practice,18(2), pp.155-166. Radvansky, B.M., Farver, W.T., Svider, P.F., Eloy, J.A., Gubenko, Y.A. and Eloy, J.D., 2015. A comparison of plaintiff and defense expert witness qualifications in malpractice litigation in anesthesiology.Anesthesia Analgesia,120(6), pp.1369-1374. Tobler, C., 2016. Dispute resolution under the EEA Agreement. InThe Handbook of EEA Law(pp. 195-207). Springer International Publishing.