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Old 11-10-2006, 01:55 PM   #1
celedine169
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Default Humiliated frat boys sue 'Borat'

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SANTA MONICA, Calif. - Two fraternity boys want to make lawsuit against "Borat" over their drunken appearance in the hit movie.

The legal action filed Thursday on their behalf claims they were duped into appearing in the spoof documentary "Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan," in which they made racist and sexist comments on camera.

The young men "engaged in behavior that they otherwise would not have engaged in," the lawsuit says.

"Borat" follows the adventures of comedian Sacha Baron Cohen's Kazakh journalist character in a blend of fiction and improvised comic encounters as he travels across the United States and mocks Americans.

The plaintiffs were not named in the lawsuit "to protect themselves from any additional and unnecessary embarrassment." They were identified in the movie as fraternity members from a South Carolina university, and appeared drunk as they made insulting comments about women and minorities to Cohen's character.

The lawsuit claims that in October 2005, a production crew took the students to a bar to drink and "loosen up" before participating in what they were told would be a documentary to be shown outside of the United States.

"They were induced to agree to participate and were told the name of the fraternity and the name of their school wouldn't be used," said the plaintiffs' attorney, Olivier Taillieu. "They were put into an RV and were made to believe they were picking up Borat the hitchhiker."

After a bout of heavy drinking, the plaintiffs signed a release form they were told "had something to do with reliability issues with being in the RV," Taillieu said.

The film "made plaintiffs the object of ridicule, humiliation, mental anguish and emotional and physical distress, loss of reputation, goodwill and standing in the community," the lawsuit said.

It names 20th Century Fox, a unit of News Corp., and three production companies as defendants.

Studio spokesman Gregg Brilliant said the lawsuit "has no merit."

The plaintiffs were seeking an injunction to stop the studio from displaying their image and likeness, along with unspecified monetary damages.

"Borat" debuted as the top movie last weekend with $26.5 million.
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Old 11-10-2006, 02:34 PM   #2
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Borats appearance on the Tonight show was without a doubt the funniest thing I have seen on a talk show.
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Old 11-10-2006, 03:20 PM   #3
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Fraternity members are politically incorrect these days. Combined with the fact that they apparently made some racist comments in the movie, they aren't getting much sympathy in the media. Without reading the details, however, my first impression was that they had a case.
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Old 11-10-2006, 03:37 PM   #4
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Further proof that you should read everything before you sign it. Although, chances are this is just a publicity stunt.
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Old 11-10-2006, 04:23 PM   #5
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2 rules...

If you don't read everything before you sign it, its your fault.
If you do something bad while drunk, its your fault.
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Old 11-10-2006, 05:30 PM   #6
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I finally saw the Ali G show last week for a couple of back to back episodes (kinkaaaay!!!) I laughed my ass off (not so kinkaaaay).

I have to see the movie now...but might wait fro DVD since I only wanna go see movies in the theatre now if it's worth special effects. Saw the trailer for Spiderman 3 on the net earlier tonight...that's a theatre experience waiting to happen!
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Old 11-15-2006, 06:03 PM   #7
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Finally saw this movie last night. It was pretty funny.

I can see why these guys are embarassed.

They started out talking about women, referring to them as bitches and said how tell them they'll call but they never do, because they don't respect them. I'm guessing that hurt their standing with the girls on campus.

They also made some comments toward the end of the segment about how it was a bad thing that we aren't allowed to own slaves anymore - always a popular perspective.
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Old 11-15-2006, 10:29 PM   #8
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Hah yeah, those guys deserve all the bad publicity they are getting.
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Old 11-15-2006, 11:32 PM   #9
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Originally Posted by Heretic
2 rules...

If you don't read everything before you sign it, its your fault.
If you do something bad while drunk, its your fault.

YOU are WRONG, you CANNOT be legally bound to any contract if you are drunk whether you sign anything or not.

I mean your the one who always advocated rights so in this case any contracts according to the law that they signed are pretty much invalid (of course there has to be proof they were drunk......).
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Old 11-16-2006, 02:37 AM   #10
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Originally Posted by Axgar
YOU are WRONG, you CANNOT be legally bound to any contract if you are drunk whether you sign anything or not.
That isn't necessarily true. Being drunk is considered to be a self-induced state, and doesn't necessarily provide any immunity from actions committed while you're drunk. Now, if the producers drugged them, that might be a different story.

I wonder how Girls Gone Wild handles this situation.

The producers did supposedly tell them that this was for a documentary that was to be shown outside of the US, which is only partially true. The premise of the movie is that they're making a documentary to be shown in Khazakstan, but obviously this movie has been shown here.

I guess the producers could claim that this is a movie about the filming of a documentary, which technically makes what they told them true.
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Old 11-16-2006, 02:55 AM   #11
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Contracts entered by a person under the influence are voidable by that person at any time IF the other persons involved with the contract knew OR had reason to know of the impairment............. just the way it is Brig, look it up or do whatever but thats just the way it is.

although there has to be evidence that the (unintoxicated) other party was doing something to take advantage of the intoxicated party..... in this case beings they were supplying the drinks ect........ the frat guys may end up with a few dollars.
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Old 11-16-2006, 03:18 AM   #12
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Getting oneself drunk may be a self-induced state, being led into an induced agreement while drunkenly stupefied is alleged to the contrary. Contractual liability rests upon them (both parties) presenting legal arguement whether the pair knew what they were doing or not: who bought drinks, who started them drinking ..were the pair rightfully aware beforehand that they would continue into a stupor before any agreement to a proposal could be reached. Perhaps their intoxication was coerced, this would have to be considered with evidence.

It requires a state of sound mind to enter into lawful contract before a decrepit stupor ensues. It is more normal to celebrate agreement with a drink afterwards.
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Old 11-16-2006, 03:27 AM   #13
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However you cut it up though it is a grounds to have the contract nullified...... It doesn't neccessarily mean it will but I would bet well over half the time it is tried it succeeds.
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Old 11-16-2006, 09:41 AM   #14
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Originally Posted by Brigiid
I wonder how Girls Gone Wild handles this situation.
With lots and lots of money and free stuff. If I had breasts I wouldn't be paying off student loans right now. Of course, I'd probably be in a sideshow if I had breasts...

Originally Posted by Brigiid
I guess the producers could claim that this is a movie about the filming of a documentary, which technically makes what they told them true.
There's a potential for fraud on the part of the producers, simply because frat boys will be protected by the frat's alumni. It'll ultimately be up to the judge and whoever buys him.
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Old 11-16-2006, 10:57 AM   #15
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Originally Posted by Axgar
Contracts entered by a person under the influence are voidable by that person at any time IF the other persons involved with the contract knew OR had reason to know of the impairment.............
Not necessarily.

Originally Posted by Wikipedia
Although individuals may have consumed a sufficient quantity of intoxicant or drug to reduce or eliminate their ability to understand exactly what they are doing, such conditions are self-induced and so the law does not generally allow any defence or excuse to be raised to any actions taken while incapacitated. The most generous states do permit individuals to repudiate agreements as soon as sober, but the conditions to exercising this right are strict.
That's just once source. There are quite a few around the internet that basically say the same thing: the courts might reverse it, but they aren't required to.

Originally Posted by Axgar
just the way it is Brig, look it up or do whatever but thats just the way it is.
It would appear not.
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Old 11-16-2006, 11:40 AM   #16
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Its funny because I posted directly from a law site......

http://www.denvica.com/contracts.html

you read it and you will see that intoxication CAN in fact void a contract, I already said that it is not 100 percent certain that it will but........

Im sure some things have changed though since my days at college studying Business Management.
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Old 11-16-2006, 11:45 AM   #17
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The issue is good faith. IF the other person entered into the contract without good faith, then it is poosible that the court can elect to void the contract. It is not required, though. Usually afaik, the good faith issue only gets acted upon if there is a ... I can't htink of the word... I think "unconscienable" activity involved... (such as getting a drugged persona to sign a contract saying they can be raped, while they are clearly not mentally capable of making rational decisions)... however, typically, being drunk is NOT a defensable excuse. There are many defenses that one can claim, and being "drunk" is almost AWLAYS taught as one of the first examples taht is NOT a universal excuse. The precedent is that courts will not accept being drunk as an excuse. If a judge decides to go outside precedent and insert a reason, they have that "option"... but it is highly unlikely and as a matter of principle most judges refuse.

The characterization of what the boys claim is suspect, considering they seem to admit they were drunk, so thier testimony is hardly credible. In addition, as pointedo ut the drunk state was self induced. They might recieve a small pittance or settlement as a gesture from Fox and to prevent court trail, but as far as "damages" to thier reputation... previous cases regarding such claims have not been forthcoming, and there is no quantifiable damages. I don't see how they can prove that Fox seriousely injured the reputations by poratraying the truth. They were drunk, the do drink, and they did make those comments. The counsel representing them should have told them to go home, but sounds like they are trying to make some money off these idiots.... guess they didn't learn thier lesson.
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Old 11-16-2006, 11:51 AM   #18
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why don't you go read what is written EC, your wrong.

Entering a contract with a person that you KNOW is way to drunk to make a decision is voidable PERIOD, I just posted a site that says so and I read many more.

I have said its not 100 percent, I mean if a guy has a slight buzz whatever the courts probably will not void the contract BUT if a guy is staggering drunk and can hardly keep his mind on one topic........ they probably are going to void the contract.

In this case beings the evidence if readily available as to what the shape of these guys were in it should be easier for the courts to decide one way or the other.
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Old 11-16-2006, 11:59 AM   #19
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Actually you are wrong, read what I wrote. I said it CAN be voided, but it is usually not unless under extreme circumstances. I specifically said the judge DOES have the option, but it is almost a standard that they will not void a contract on the grounds of someone being drunk. It's a super rare, almost mythical situation where they would do such a thing, barring any extreme or unconscienable activities. You will notice that your link states not only that they were intoxicated, but taht they other party is aware of the fact... that is an issue of good faith, which is what I originally said.
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Old 11-16-2006, 12:05 PM   #20
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why are you even addressing me then?

I have said repeatedly that it is not 100 percent certain that alcohol will get a contract voided, BUT IT IS A GROUNDS FOR VOIDING A CONTRACT, just like any other law the situations sometimes dictate whether or not it can be.
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Old 11-16-2006, 12:09 PM   #21
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ummm.. cause you said I was wrong... and I wasn't...you just didn't correctly understand what I wrote. My initial response was basically clarifying what you said, I wasn't disagreeing with you.
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Old 11-16-2006, 12:10 PM   #22
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Im tired today, sorry.
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Old 11-16-2006, 12:12 PM   #23
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lol np
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Old 11-16-2006, 08:01 PM   #24
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Originally Posted by Axgar
you read it and you will see that intoxication CAN in fact void a contract, I already said that it is not 100 percent certain that it will but........
Sure, after you backed off your stance that it was 'voidable by that person at any time', and told me that that's 'just the way it is'. Don't get all indignant on me just because I pointed out the flaw in your argument.
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Old 11-16-2006, 08:52 PM   #25
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IT IS voidable at any time, the thing is you there has to be evidence that the party was intoxicated AND that it was a factor in impairing his judgement.

Minors can enter into contracts also BUT they are voidable at ANY time the minor decided to void them....... there are a lot of ways to get out of contracts.

I havent backed of my stance on Iota.
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