The release form seems to cover all the bases, but it's not clear if it precludes all legal action. A participant might claim that he was tricked into signing the contract under false pretenses.An interesting question in light of the emphasis placed upon volition in determining whether a valid contract exists.
Remarks and observations concerning American law and cultural studies as it relates to courses taken by students in the University of Osnabrück's and University of Münster's foreign law programs.
31 October 2006
Borat Tricked Me. Can I Sue?
There is a great piece on the Slate Magazine website about whether the people who were tricked into appearing in the new Borat movie, Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan, can sue under a variety of legal claims. As the article notes, these people all had to sign the "standard release form" used by the entertainment industry. This agreement is basically a contract that prohibits people from suing the producer of the movie because they didn't like what movie did with their image. The article does a nice job explaining some of the potential legal claims that are barred by these release forms. The article ends with this question: