Psenicska v. Twentieth Century Fox Film Corp.

Citation. 2008 WL4185752 (S.D.N.Y. 2008)

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Citation2008 WL4185752 (S.D.N.Y. 2008)

Brief Fact Summary.

The plaintiffs sued Twentieth Century Fox Film Corp. for their appearance in the movie Borat, and Fox moved to dismiss the claims due to a consent agreement.

Synopsis of Rule of Law.

A party may not make a claim for fraudulent misrepresentation if he agreed not to rely on representations made to him.

Points of Law - Legal Principles in this Case for Law Students.

Parties to a contract may not create an ambiguity merely by urging conflicting interpretations of their agreement.

View Full Point of Law

Twentieth Century Fox Film Corp. (Fox) produced a film called Borat. Actors in the film, including Michael Psenicksa (Psenicksa), agreed to participate in a documentary integrating foreign people into the American way of life. All participants signed a standard consent agreement in exchange for compensation. The film included the offensive behavior of actor Sacha Baron Cohen (Cohen) and in the consent agreement, the plaintiffs waived all claims to participation in the film, representation about the film, or any fraud claims based on surprise about the film. The plaintiffs sued Twentieth Century Fox Film Corp. for their appearance in the movie Borat, and Fox moved to dismiss the claims due to a consent agreement.

Issue.

Whether a party may make a claim for fraudulent misrepresentation if he made an agreement not to rely on representations made to him?

Held.

No. The motion to dismiss is granted. The plaintiffs are bound by the agreements because each plaintiff specifically disclaimed reliance regarding any representation made regarding the movie.

Discussion.

The plaintiffs cannot make a claim for fraudulent misrepresentation if they agreed not to rely on representations made regarding the film.