Dave Chappelle in Being Sued Term Paper

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(see verbal contract law at (http://www.onlinelawyersource.com/contract/verbal.html)

As is detailed in the lawsuit Chappelle offered Abuelhiji terms through a several week negotiation (July-August 2004), that was finalized by Abuelhiji's acceptance of the above terms on September 1, 2004, to begin that same day. Chappelle, informed many people in his employ and in the entertainment industry of Abuelhiji's acceptance and resumption of the role of personal manager and even discussed the terms with several of these people, both in and out of his employ in the entertainment industry and according to the lawsuit the personal and financial records of Chappelle's company reflect the fact that Abuelhiji accepted the terms and assumed the role of personal manger. Additionally, Abuelhiji, was paid advances on his commission in the form of $10,000 per month which amounted to a one time payment of $40,000 (mentioned earlier) when he was terminated by Chappelle on June 23, 2005. All three terms of the verbal contract have therefore been met, according to the lawsuit and Abuelhiji, thusly deserves to have such terms met by Chappelle in the form of current and future monies owed Abuelhiji.

It is clear that Abuelhiji negotiated several contracts for Chappelle that resulted in considerable real revenue for Chappelle. Though Chappelle walked away from the largest and precedent contract with Comedy Central with regard to his performance of Season Three of the Chappelle show, Abuelhiji is asking not for monies Chappelle forfeited with regard to any other contract termination, but to those real proceeds he received (and in the case of royalties will receive) with regard to contracts Abuelhiji made possible through ardent negotiations for Chappelle. This includes the producer credit for a movie Abuelhiji produced as well as the Comedy Central contract he procured for Chappelle.

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The sum total of the proceeds owed Abuelhiji being $864,500, not including future royalties owed Abuelhiji for projects and terms resulting from his work as personal manger.

Abuelhiji, has developed a strong case for the realization of payment by Chappelle in his suit, and the actions of Chappelle, i.e. The discussion of terms of said verbal contract with others as well as the statement by Chappelle to many that Abuelhiji was his personal manager, make the case for Chappelle difficult to rebut. Chappelle is clearly in breach of contract with Comedy Central, a staggeringly good contract that Abuelhiji made possible, but Abuelhiji has claimed only his percentage on monies that Chappelle has actually earned and will earn through the contract, up to the point where he left the contract in April 2005. This also bodes well for Abuelhiji in that it does not claim right to monies Chappelle would have earned, had he completed the additional 10 episodes of Season Three of his Comedy Central program. It is clear from the lawsuit that the monies are owed to Abuelhiji and should be paid by Chappelle barring a settlement, which is the likely scenario of the case. There is no question in my mind, or likely in the mind of those who will decide this case that there is cause by Abuelhiji for action of the enforcement of this verbal contract, despite the surrounding circumstances of Chappelle's action of termination of Abuelhiji, and with or without a counter claim by Chappelle of his right to withhold said payment.

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