Case Brief: Wood v. Lucy, Lady Duff-Gordon | Case - Edubirdie

University:
Eastern Kentucky University
Course:
LGS 300 | Introduction to Legal Studies
Academic year:

2020
Views:

100

Pages:

1
Author:

Sasha Murray

Wood v. Lucy, Lady Duff-Gordon New York Court of Appeals 1917 1) Facts a) Defendant would design fashions and could also increase sales of the designs of others through her endorsement. b) In the agreement, Plaintiff was granted exclusive right to place endorsements and to place Defendant’s own designs for sale. Defendant would retain half the profits and Plaintiff the other half of the profits. c) Nothing in the document expressly stated what Wood promised to do. d) Plaintiff’s business organization was adapted to the purpose of placing endorsements. e) The defendant began selling her designs without Wood’s consent and plaintiff sued for lost revenue 2) History a) Plaintiff filed suit against defendant in special term b) Defendant appeals judgment in favor of the plaintiff c) Appellate division found for defendant, plaintiff appeals 3) Issues a) Could the defendant sell her designs without sharing the profit i) The defendant gave an exclusive privilege, that the plaintiff would have all the rights to endorsements. The acceptance was an assumption of duties. ii) Without his efforts, she could not receive anything either. Therefore there was nan implied term that he would have to consent to all her transactions as well. iii) The plaintiff also did all the accounting and copyright agreements for the course of the year and gave a value to his duties to the defendant. 4) Judgment: For Plaintiff

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Case Brief: Wood v. Lucy, Lady Duff-Gordon

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