A judge tossed out a $6 million breach of contract lawsuit by Robin Williams.
The lawsuit against Gold Circle Films for a film that was never made was dismissed.
According to the Hollywood Reporter, the case stems back to 2008, when Williams and Gold Circle were on the verge of to signing a contract for a film project when it was shelved. Actor Robin Williams was hired to star in the action-comedy.
Warner Bros. ended up making the film later reincarnated as "Cop Out" starring Bruce Willis and Tracy Morgan and will release it later this month.
Typically, a breach of contract is one party's failure to live up to any of his or her responsibilities under a contract.
A breach of contract can occur by:
- the failure to perform as promised;
- making it impossible for the other party to perform; or
- the repudiation of the contract (announcing an intent not to perform)
The main remedies for a breach of contract include damages, specific performance, cancellation and restitution.
In this case, Gold Circle's attorneys, Marty Singer and Michael Holtz, of Lavely & Singer acknowledge there were several areas of agreement between Williams and the company but there was no signed contract. (Note that there is no requirement that a contract be in writing, however, having it written eases enforcement and interpretation of a contract.)
Judge Joanne O'Donnell agreed with Gold Circle and dismissed the case.
The judge wrote in her ruling, "An 'agreement to agree' is not a contract if essential terms of the agreement are not specified."
Gold Circle lawyers said based on the court's ruling, they intend to seek recovery of the company's costs and attorneys' fees.