120-793: The Incredible Burt Wonderstone is a 2013 American comedy film directed by Don Scardino and written by John Francis Daley and Jonathan Goldstein , based on a story by Chad Kultgen and Tyler Mitchell, along with Daley and Goldstein. The film follows Las Vegas magician Burt Wonderstone ( Steve Carell ) as he attempts to reunite with his former partner Anton Marvelton ( Steve Buscemi ) to take on dangerous street magician Steve Gray ( Jim Carrey ). It also features Alan Arkin , Olivia Wilde , and James Gandolfini in his final film appearance during his lifetime. The film began development in 2006, when New Line Cinema bought Kultgen's script, "Burt Dickenson: The Most Powerful Magician on Planet Earth". The development process gained momentum when Charles McDougall
240-412: A Law Commission -sponsored proposal to both unite and codify English and Scots Law, proposed the abolition of consideration. Some commentators have suggested for consideration to be replaced by estoppel as a basis for contracts. A contract is often evidenced in writing or by deed . The general rule is that a person who signs a contractual document will be bound by the terms in that document. This rule
360-723: A camp sensibility lay behind the successful Carry On films , while in America subversive independent film-maker John Waters made camp films for college audiences with his drag queen friends that eventually found a mainstream audience. The success of the American television show Saturday Night Live drove decades of cinema with racier content allowed on television drawing on the program's stars and characters, with bigger successes including Wayne's World , Mean Girls , Ghostbusters and Animal House . Parody and joke-based films continue to find audiences. While comedic films are among
480-539: A meeting of the minds between the parties. Within the overarching category of civil law jurisdictions, there are several distinct varieties of contract law with their own distinct criteria: the German tradition is characterised by the unique doctrine of abstraction , systems based on the Napoleonic Code are characterised by their systematic distinction between different types of contracts, and Roman-Dutch law
600-434: A severability clause . The test of whether a clause is severable is an objective test—whether a reasonable person would see the contract standing even without the clauses. Typically, non-severable contracts only require the substantial performance of a promise rather than the whole or complete performance of a promise to warrant payment. However, express clauses may be included in a non-severable contract to explicitly require
720-467: A tort action based on reliance. Although verbal contracts are generally binding in most common law jurisdictions, some types of contracts may require formalities such as being in writing or by deed . A contract cannot be formed without assent of the two parties to be bound by its terms. Normally this is by written signature (which may include an electronic signature), but the assent may also be oral or by conduct. Assent may be given by an agent for
840-547: A $ 30 million budget. The film was shot on film stock instead of digital because it was decided that the difference in cost between the two was negligible, and the day shooting and color palettes of the magicians' outfits such as black and red were thought to be captured better on the stock. Among the locations used during the Las Vegas shooting are interiors and exteriors at the Bally's Las Vegas hotel and casino, and exteriors of
960-601: A budget of $ 30 million. In the week prior to its release in North America, the film was predicted to earn approximately $ 18 million and finish as the number 2 film of the weekend behind Oz the Great and Powerful . The Incredible Burt Wonderstone earned $ 3.72 million through its opening day including takings from midnight showings at 1,800 theaters. During its opening weekend the film earned $ 10.2 million from 3,160 theaters—an average of $ 3,221 per theater—ranking third for
1080-407: A certain field. In addition, the court may also imply a term; if price is excluded, the court may imply a reasonable price, with the exception of land, and second-hand goods, which are unique. If there are uncertain or incomplete clauses in the contract, and all options in resolving its true meaning have failed, it may be possible to sever and void just those affected clauses if the contract includes
1200-696: A civil law legal system at independence or adopting civil and commercial codes based on German or French law. While jurisdictions such as Japan, South Korea, and the Republic of China modelled their contract law after the German pandectist tradition, the Arab world largely modelled its legal framework after the Napoleonic Code . While the Netherlands adopted a legal system based on the Napoleonic Code in
1320-569: A contract use technicalities to satisfy requirements while in fact circumventing them in practice. Typically, this is in the form of "peppercorn" consideration, i.e. consideration that is negligible but still satisfies the requirements of law. The doctrine of consideration has been expressly rejected by the UNIDROIT Principles of International Commercial Contracts on the grounds that it yields uncertainty and unnecessary litigation, thereby hindering international trade. Similarly,
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#17327985176801440-454: A contractual term will become a condition: A term is a condition (rather than an intermediate or innominate term, or a warranty), in any of the following five situations: (1) statute explicitly classifies the term in this way; (2) there is a binding judicial decision supporting this classification of a particular term as a "condition"; (3) a term is described in the contract as a "condition" and upon construction it has that technical meaning; (4)
1560-440: A deep sleep gives them an idea to perform a sensational trick that they were never able to perfect: the "Disappearing Audience". At the talent search show, Gray's performance involves him drilling into his brain; the stunt works too well and leaves Gray with brain damage . Holloway then introduces Burt, Anton, and Jane's performance before they secretly sedate the audience with kratom sleeping gas to awaken at an outside location in
1680-530: A fan of magic who has a one-night stand with Wonderstone; and illusionist David Copperfield cameos as himself. The film's co-writer John Francis Daley cameos as a paramedic. The film started development in 2006 when New Line Cinema bought Chad Kultgen's script, titled "Burt Dickenson: The Most Powerful Magician on Planet Earth." By September 2010, Carell had joined the film, and the script had been completely rewritten by screenwriting team John Francis Daley and Jonathan Goldstein . The pair extensively researched
1800-411: A mixture of Roman-Dutch law and English common law (e.g. South Africa and neighbouring countries). In common law jurisdictions, the formation of a contract generally requires an offer, acceptance , consideration , and mutual intent to be bound . The concept of contract law as a distinct area of law in common law jurisdictions originated with the now-defunct writ of assumpsit , which was originally
1920-547: A panic, causing the stunt to fail and injuring Anton. Anton angrily ends his partnership with Burt, and Jane also quits. Burt refuses to change his act, staging his two-man show alone to disastrous results. Munny shuts down the production and Burt, having squandered his earnings over the years, is left broke. Despondent, Burt tries to find work and is eventually hired as an entertainer at an assisted-living facility catering to former Vegas entertainers. There, he meets Holloway, who retired several years before because he found that he
2040-451: A party. Remedies for breach of contract include damages (monetary compensation for loss) and, for serious breaches only, cancellation. Specific performance and injunction may also be available if damages are insufficient. In order for a legally enforceable contract to be formed, the parties must reach mutual assent (also called a meeting of the minds ). This is typically reached through an offer and an acceptance which does not vary
2160-406: A patient refuses to pay after being examined by a doctor, the patient has breached a contract implied in fact. A contract which is implied in law is sometimes called a quasi-contract . Such contracts are means for courts to remedy situations in which one party would be unjustly enriched were he or she not required to compensate the other. Quantum meruit claims are an example. Where something
2280-478: A pharmaceutical manufacturer, advertised a smoke ball that would, if sniffed "three times daily for two weeks", prevent users from catching the flu . If it failed to do so, the company promised to pay the user £ 100, adding that they had "deposited £1,000 in the Alliance Bank to show [their] sincerity in the matter". When the company was sued for the money, they argued the advert should not have been taken as
2400-530: A purported acceptance that varies the terms of an offer is not an acceptance but a counteroffer and hence a rejection of the original offer. The principle of offer and acceptance has been codified under the Indian Contract Act, 1872 . In determining if a meeting of the minds has occurred, the intention of contracting parties is interpreted objectively from the perspective of a reasonable person . The "objective" approach towards contractual intent
2520-438: A reasonable construction of the contract. In New South Wales, even if there is uncertainty or incompleteness in a contract, the contract may still be binding on the parties if there is a sufficiently certain and complete clause requiring the parties to undergo arbitration, negotiation or mediation. Courts may also look to external standards, which are either mentioned explicitly in the contract or implied by common practice in
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#17327985176802640-399: A separate genre, but rather, provides a better understanding of the film. Contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties . A contract typically involves consent to transfer of goods , services , money , or promise to transfer any of those at a future date. The activities and intentions of
2760-430: A serious, legally binding offer but a puff . The Court of Appeal held that it would appear to a reasonable man that Carbolic had made a serious offer and determined that the reward was a contractual promise. As decided in the case of Pharmaceutical Society of Great Britain v Boots Cash Cashiers , an offer that is made in response to an invitation to treat, without any negotiation or explicit modification of terms,
2880-625: A statement of common contractual principles for arbitrators and judges to apply where national laws are lacking. Notably, the Principles reject the doctrine of consideration, arguing that elimination of the doctrine "bring[s] about greater certainty and reduce litigation" in international trade. The Principles also rejected the abstraction principle on the grounds that it and similar doctrines are "not easily compatible with modern business perceptions and practice". Contract law can be contrasted with tort law (also referred to in some jurisdictions as
3000-455: A term is a condition is determined in part by the parties' intent. In a less technical sense, however, a condition is a generic term and a warranty is a promise. In specific circumstances these terms are used differently. For example, in English insurance law, violation of a "condition precedent" by an insured is a complete defence against the payment of claims. In general insurance law,
3120-486: A tort-based action (such as the tort of deceit ) if the misrepresentation is negligent or fraudulent. In U.S. law, the distinction between the two is somewhat unclear. Warranties are generally viewed as primarily contract-based legal action, while negligent or fraudulent misrepresentations are tort-based, but there is a confusing mix of case law in the United States. In modern English law, sellers often avoid using
3240-493: A unique yet disturbing card trick for his TV magic show, Brain Rapist . Audience numbers soon dwindle at Burt and Anton's show, upsetting Bally's owner Doug Munny. Taking a cue from Gray's endurance-based stunts, Anton suggests that he and Burt try a similar tack—locking themselves in a Plexiglas cage called the "Hot Box" hung above Las Vegas Strip . Overconfident, Burt does not prepare for the stunt and almost instantly falls into
3360-488: A warranty is a promise that must be complied with. In product transactions, warranties promise that the product will continue to function for a certain period of time. In the United Kingdom, the courts determine whether a term is a condition or warranty, regardless of how or whether the term was classified in the contract. Statute may also declare a term or nature of term to be a condition or warranty. For example,
3480-484: A weighted average score of 44/100 based on reviews from 35 critics, indicating "mixed or average reviews". CinemaScore polls reported that the average grade moviegoers gave the film was a "C+" on a scale of A+ to F. The film's plot was a focal point for criticism. Reviewers considered the tone uneven, segueing between dark comedy and family film, the extreme stunts of Carrey's Steve Gray, and sentimentality, and serious drama and farcical comedy. Several reviewers noted that
3600-430: A wider class of persons. Research in business and management has also paid attention to the influence of contracts on relationship development and performance. Private international law is rooted in the principle that every jurisdiction has its own distinct contract law shaped by differences in public policy, judicial tradition, and the practices of local businesses. Consequently, while all systems of contract law serve
3720-562: Is a film genre that emphasizes humor . These films are designed to amuse audiences and make them laugh. Films in this genre typically have a happy ending , with dark comedy being an exception to this rule. Comedy is one of the oldest genres in film, and it is derived from classical comedy in theatre . Some of the earliest silent films were slapstick comedies , which often relied on visual depictions, such as sight gags and pratfalls, so they could be enjoyed without requiring sound. To provide drama and excitement to silent movies, live music
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3840-408: Is a "provision forming part of a contract". Each term gives rise to a contractual obligation, breach of which can give rise to litigation , although a contract may also state circumstances in which performance of an obligation may be excused. Not all terms are stated expressly, and terms carry different legal weight depending on how central they are to the objectives of the contract. Contracting
3960-436: Is a specific phase within procurement . It includes creating, negotiating, and managing contracts. Obligations created by contracts can generally be transferred, subject to requirements imposed by law. Laws regarding the modification of contracts or the assignment of rights under a contract are broadly similar across jurisdictions. In most jurisdictions, a contract may be modified by a subsequent contract or agreement between
4080-433: Is advertised in a newspaper or on a poster, the advertisement will not normally constitute an offer but will instead be an invitation to treat , an indication that one or both parties are prepared to negotiate a deal. An exception arises if the advertisement makes a unilateral promise, such as the offer of a reward, as in the case of Carlill v Carbolic Smoke Ball Co , decided in nineteenth-century England . The company,
4200-502: Is based on the principle that agreements must be honoured . Like other areas of private law , contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed-law jurisdictions solely require
4320-425: Is harassed by bullies. His mother gives him a special magic trick set by veteran magician Rance Holloway as his birthday present. He studies the instructional video and begins to practice some tricks, attracting the attention of a classmate, Anthony Mertz. They practice together and eventually become professional stage magicians Burt Wonderstone and Anton Marvelton, earning them success and an ongoing headlining act at
4440-404: Is largely based on the writings of renaissance-era Dutch jurists and case law applying general principles of Roman law prior to the Netherlands' adoption of the Napoleonic Code. The UNIDROIT Principles of International Commercial Contracts , published in 2016, aim to provide a general harmonised framework for international contracts, independent of the divergences between national laws, as well as
4560-411: Is presumed to incorporate the terms of the invitation to treat. In contract law, consideration refers to something of value which is given in exchange for the fulfilment of a promise. In Dunlop v. Selfridge , Lord Dunedin described consideration "the price for which the promise of the other is bought". Consideration can take multiple forms and includes both benefits to the promisor and detriments to
4680-545: Is referred to as the rule in L'Estrange v Graucob or the "signature rule". This rule was approved by the High Court of Australia in Toll(FGCT) Pty Ltd v Alphapharm Pty Ltd . The rule typically binds a signatory to a contract regardless of whether they have actually read it, provided the document is contractual in nature. However, defences such as duress or unconscionability may enable the signer to avoid
4800-729: Is restricted on public policy grounds. Consequently, the validity and enforceability of a contract depends not only on whether a jurisdiction is a common, civil, or mixed law jurisdiction but also on the jurisdiction's particular policies regarding capacity. For instance, very small children may not be held to bargains they have made, on the assumption that they lack the maturity to understand what they are doing; errant employees or directors may be prevented from contracting for their company, because they have acted ultra vires (beyond their power). Another example might be people who are mentally incapacitated, either by disability or drunkenness. Specifics vary between jurisdictions, for example article 39 of
4920-518: Is revealed as a betrayer. Discussing the script changes which saw the project enter production, producer Chris Bender said: "...it was tone, finding the right tone, because it was originally written more broadly where certain magic things were happening that wouldn’t actually be real magic and also, over time, the references that we were making in terms of the new school of magic and the old school of magic were becoming dated... Once [Carell] came on board, that’s when things really took off... And then finding
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5040-509: The Bally's Hotel in Las Vegas . However, after ten years of performing the same tricks over and over again, Burt has become an overconfident, egocentric prima donna, and Anton begins to get fed up with Burt's ego, which has already cost them previous female assistants, all called "Nicole" in the act. In a rush, Burt enlists production assistant Jane as the new Nicole. Burt and Anton encounter up-and-coming street magician Steve Gray performing
5160-707: The Egyptian Civil Code , modelled after the Napoleonic Code but containing provisions designed to fit Arab and Islamic society. The Egyptian Civil Code was subsequently used as a model for the majority of Arab states. In the 20th century, the growth of export trade led to countries adopting international conventions, such as the Hague-Visby Rules and the UN Convention on Contracts for the International Sale of Goods , bringing
5280-620: The European Union being an economic community with a range of trade rules, there continues to be no overarching "EU Law of Contract". In 2021, Mainland China adopted the Civil Code of the People's Republic of China , which codifies its contract law in book three. While generally classified as a civil law jurisdiction, contract law in mainland China has been influenced by a number of sources, including traditional Chinese views toward
5400-516: The Las Vegas Strip , Downtown Las Vegas , Fremont Street , and Binion's Gambling Hall and Hotel . Scardino, who had not filmed in Las Vegas since helming an episode of Tracey Takes On... approximately fifteen years earlier, described shooting on location in the city as "an absolute must". Scardino added "We just felt that, to give the movie authenticity, it had to be on the Strip". Carell
5520-654: The Law of Property Act 1925 ). Nonetheless, a valid contract may generally be made orally or even by conduct. An oral contract may also be called a parol contract or a verbal contract, with "verbal" meaning "spoken" rather than "in words", an established usage in British English with regards to contracts and agreements, and common although somewhat deprecated as "loose" in American English . An unwritten, unspoken contract, also known as "a contract implied by
5640-629: The Meiji Restoration , Japan adopted a series of legal codes modelled primarily on German law, adopting its commercial code in 1899. The Japanese adaptation of German civil law was spread to the Korean Peninsula and China as a result of Japanese occupation and influence, and continues to form the basis of the legal system in South Korea and the Republic of China. In 1949, Abd El-Razzak El-Sanhuri and Edouard Lambert drafted
5760-787: The Neolithic Revolution . A notable early modern development in contract law was the emergence of the hawala system in the Indian subcontinent and the Arab world , under which a series of contractual relationships formed the basis of an informal value transfer system spanning the Silk Road . In the Indian subcontinent, the hawala system gave rise to the hundi , a transferrable contract entitling its holder in due course to obtain money from its issuer or an agent thereof, giving rise to
5880-682: The Sale of Goods Act 1979 s15A provides that terms as to title, description, quality and sample are generally conditions . The United Kingdom has also developed the concept of an "intermediate term" (also called innominate terms), first established in Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962]. Traditionally, while warranties are contractual promises which are enforced through legal action, regardless of materiality, intent, or reliance, representations are traditionally precontractual statements that allow for
6000-502: The United Nations Convention on Contracts for the International Sale of Goods does not require consideration for a contract to be valid, thereby excluding the doctrine with regard to contracts covered by the convention even in common law jurisdictions where it would otherwise apply. The continued existence of the doctrine in common law jurisdictions is controversial. Scots lawyer Harvey McGregor 's " Contract Code ",
6120-514: The Wadsworth Theatre . Filming had concluded by March 13, 2012, after forty-nine days. When Scardino boarded the project, the script contained several magic tricks that could not realistically occur on stage such as lasers decapitating two individuals and the heads then switching bodies, which would have required the use of computer visual effects to accomplish. Scardino insisted that most of the magic tricks should be credible feats to make
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#17327985176806240-611: The Canadian province of Quebec are mixed law jurisdictions which primarily adhere to French legal tradition with regard to contract law and other principles of private law. Over the course of the nineteenth and twentieth century, the majority of jurisdictions in the Middle East and East Asia adopted civil law legal frameworks based on the Napoleonic, German, or Swiss model. The Napoleonic Code shapes contract law across much of
6360-548: The Middle East, while contract law in Japan, South Korea, and the Republic of China is rooted in the German pandectist tradition. In 1926, Turkey replaced its Ottoman-era mixture of Islamic and secular laws with a secular civil code modelled after that of Switzerland , with its contract and commercial law modelled after the Swiss Code of Obligations , which was in turn influenced by German and French legal traditions. Following
6480-407: The United States requires a written contract for tangible product sales in excess of $ 500, and for real estate contracts to be written. If the contract is not required by law to be written, an oral contract is generally valid and legally binding. The United Kingdom has since replaced the original Statute of Frauds, but written contracts are still required for various circumstances such as land (through
6600-454: The acts of the parties", which can be legally implied either from the facts or as required in law . Implied-in-fact contracts are real contracts under which parties receive the "benefit of the bargain". However, contracts implied in law are also known as quasi-contracts, and the remedy is quantum meruit , the fair market value of goods or services rendered. In commercial agreements it is presumed that parties intend to be legally bound unless
6720-404: The amiable Anton Marvelton, and Wilde was generally considered to have delivered a fine performance in an underwritten role. Pols said that the prospect of Wonderstone attracting Wilde's wholesome and intelligent Jane were absurd, but that Wilde's portrayal was game enough to remove the creepiness. Phillips and Los Angeles Times ' s Kenneth Turan criticized Scardino's direction, saying that
6840-531: The audience to the open area, by unceremoniously dragging and transporting the unconscious audience members to the area, and hauling them from and to the theater in a moving van. The cast also includes: Jay Mohr as magician Rick the Implausible; Michael Herbig as Lucius Belvedere, a magician with a German background and a thing for cats; Zachary Gordon as a bully from Wonderstone's youth; Brad Garrett as Dom, Burt's accountant; Gillian Jacobs as Miranda,
6960-489: The basis of public policy . For example, in the English case Balfour v. Balfour a husband agreed to give his wife £30 a month while he was away from home, but the court refused to enforce the agreement when the husband stopped paying. In contrast, in Merritt v Merritt the court enforced an agreement between an estranged couple because the circumstances suggested their agreement was intended to have legal consequences. If
7080-446: The boundary between tort and contract law somewhat uncertain. Contracts are widely used in commercial law , and for the most part form the legal foundation for transactions across the world. Common examples include contracts for the sale of services and goods, construction contracts , contracts of carriage , software licenses , employment contracts , insurance policies , sales or leases of land, among others. A contractual term
7200-499: The buyer explicitly expressed the importance of this requirement. The relative knowledge of the parties may also be a factor, as in English case of Bissett v Wilkinson , where the court did not find misrepresentation when a seller said that farmland being sold would carry 2000 sheep if worked by one team; the buyer was considered sufficiently knowledgeable to accept or reject the seller's opinion. According to Andrew Tettenborn et al , there are five differing circumstances under which
7320-409: The categorisation of contracts into bilateral and unilateral ones. For example, the High Court of Australia stated that the term unilateral contract is "unscientific and misleading". In certain circumstances, an implied contract may be created. A contract is implied in fact if the circumstances imply that parties have reached an agreement even though they have not done so expressly. For example, if
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#17327985176807440-527: The contract itself, countries have rules to determine the law governing the contract and the jurisdiction for disputes. For example, European Union Member States apply Article 4 of the Rome I Regulation to decide the law governing the contract, and the Brussels I Regulation to decide jurisdiction. Contracts have existed since antiquity, forming the basis of trade since the dawn of commerce and sedentism during
7560-438: The crew were already contracted to sail the ship. The pre-existing duty rule also extends to general legal duties; for example, a promise to refrain from committing a tort or crime is not sufficient. Some jurisdictions have modified the English principle or adopted new ones. For example, in the Indian Contract Act, 1872 , past consideration constitutes valid consideration, and that consideration may be from any person even if not
7680-481: The early 19th century, Dutch colonies retained the precedent-based Roman-Dutch law . British colonies in Southern Africa adopted Roman-Dutch principles in areas of private law via reception statutes adopting South African law, retaining Roman-Dutch law for most matters of private law while applying English common law principles in most matters of public law . Saint Lucia , Mauritius , Seychelles , and
7800-577: The extent of his involvement or the script changes was not detailed. Michael Schur , who produced and wrote for Carell on The Office , also provided a rewrite of the script. Filming had been scheduled to begin in October 2011, in Los Angeles , California , but was pushed back to January 2012, with casting of the remaining lead roles occurring throughout October. Principal photography began on January 10, 2012, lasted approximately 47 days and had
7920-431: The extent of their enforceability as part of a contract. English common law distinguishes between important conditions and warranties , with a breach of a condition by one party allowing the other to repudiate and be discharged while a warranty allows for remedies and damages but not complete discharge. In modern United States law the distinction is less clear but warranties may be enforced more strictly. Whether or not
8040-532: The film does not always work, it did so enough that she thought it could be "the kind of semi-bad, semi-inspired comedy that could not only stand repeated viewings but perhaps improve with them." Carrey's performance was generally praised for his humor and return to the physical style of comedy employed early in his career. Roeper said that Carrey is "physical, he's intense, he's ridiculous—and he made me laugh more than any comedic character in recent memory", and Alan Scherstuhl said that Carrey's "cartoon expressiveness"
8160-554: The film found a director in Charles McDougall, but by April 2011, McDougall had left the project with no reason being cited for the departure. In June 2011, 30 Rock director Don Scardino was confirmed to take the director chair. On June 16, 2011, Jason Reitman was brought aboard the project to perform additional rewrites to the Daley/Goldstein script. Reitman was reportedly paid for several weeks of work, but
8280-515: The film industry due to their popularity. In The Screenwriters Taxonomy (2017), Eric R. Williams contends that film genres are fundamentally based upon a film's atmosphere, character, and story, and therefore, the labels "drama" and "comedy" are too broad to be considered a genre. Instead, his taxonomy argues that comedy is a type of film that contains at least a dozen different sub-types. A number of hybrid genres have emerged, such as action comedy and romantic comedy . The first comedy film
8400-502: The film offers slow and crude scenes over the fleet-footed material directed by Scardino on 30 Rock . Leydon conversely said that the director unobtrusively handled the gradual shifts in tone between black comedy and buddy comedy. The Incredible Burt Wonderstone received three nominations for the 2013 Teen Choice Awards : Choice Movie – Comedy , Choice Movie Actor – Comedy for Steve Carell , and Choice Movie Actress – Comedy for Olivia Wilde . Comedy film The comedy film
8520-508: The freedom of contract in order to prevent businesses from exploiting consumers. In 1993, Harvey McGregor , a British barrister and academic, produced a "Contract Code" under the auspices of the English and Scottish Law Commissions , which was a proposal to both unify and codify the contract laws of England and Scotland. This document was offered as a possible "Contract Code for Europe", but tensions between English and German jurists meant that this proposal has so far come to naught. In spite of
8640-534: The freedom of contract. For example, the Civil Rights Act of 1964 restricted private racial discrimination against African-Americans. The US Constitution contains a Contract Clause , but this has been interpreted as only restricting the retroactive impairment of contracts. In the late twentieth and early twenty-first century, consumer protection legislation, such as Singapore's Consumer Protection (Fair Trading) Act 2003, progressively imposed limits upon
8760-567: The full performance of an obligation. English courts have established that any intention to make the contract a "complete code", so as to exclude any option to resort to a common law or extra-contractual remedy, must be evidenced in "clear express words": otherwise a "presumption that each party to a contract is entitled to all remedies which arise by operation of law" will be honoured by the courts. Common law jurisdictions typically distinguish three different categories of contractual terms, conditions, warranties and intermediate terms, which vary in
8880-568: The general purpose of contract law is to enforce promises . Other approaches to contract theory are found in the writings of legal realists and critical legal studies theorists, which have propounded Marxist and feminist interpretations of contract. Attempts at understanding the overarching purpose and nature of contracting as a phenomenon have been made, notably relational contract theory . Additionally, certain academic conceptions of contracts focus on questions of transaction cost and ' efficient breach ' theory. Another important dimension of
9000-403: The guardian of a young girl took out a loan to educate her. After she was married, her husband promised to pay the debt but the loan was determined to be past consideration. In the early English case of Stilk v. Myrick [1809], a captain promised to divide the wages of two deserters among the remaining crew if they agreed to sail home short-handed; however, this promise was found unenforceable as
9120-717: The initial wonder that led him to become a magician. Jane visits her grandmother at the facility and patches things up with Burt. Doug is opening a new casino-hotel and is offering a five-year contract to the winner of a talent search on the casino's opening night. He invites Burt to do a magic show at his son's birthday party, but Gray also appears and tries to upstage Burt with his own tricks. Disgusted by Gray's actions, Jane leaves his show. Burt reconnects with Anton, who has been distributing magic sets in Cambodia . A drug found in Cambodia called kratom that instantly puts users into
9240-482: The law of delicts), the other major area of the law of obligations. While tort law generally deals with private duties and obligations that exist by operation of law, and provide remedies for civil wrongs committed between individuals not in a pre-existing legal relationship , contract law provides for the creation and enforcement of duties and obligations through a prior agreement between parties. The emergence of quasi-contracts , quasi-torts , and quasi-delicts renders
9360-423: The lifestyle of Vegas magicians, taking note of the pressure of performing multiple times a day and the consequence of living within the "Vegas bubble where you're not exposed to the outside world [which] can actually make someone stir-crazy or egotistical." In July 2011, the story was described as following Burt Wonderstone, a formerly successful magician who was overshadowed by a younger, edgier magician. However, by
9480-481: The magicians seem more believable, but some tricks still required the use of visual effects. David Copperfield served as a technical advisor on the film and developed a live stage illusion for the film's climax, featuring a body switch between Carell's and Buscemi's characters. Scardino insisted that the illusion should not depend on camera tricks, stating "I wanted one big stage illusion where you go, 'Oh, wow, how'd they do that?'" Copperfield provided instructions on how
9600-604: The majority of English-speaking countries, the rules are derived from English contract law which emerged as a result of precedents established by various courts in England over the centuries. Meanwhile, civil law jurisdictions generally derive their contract law from Roman law , although there are differences between German contract law , legal systems inspired by the Napoleonic Code or the Civil Code of Lower Canada (e.g. Québec and Saint Lucia ), and jurisdictions following Roman-Dutch law (e.g. Indonesia and Suriname ) or
9720-754: The most popular with audiences at the box office, there is an 'historical bias against a close and serious consideration of comedy' when it comes to critical reception and conferring of awards, such as at the Academy Awards . Film writer Cailian Savage observes "Comedies have won Oscars, although they’ve usually been comedy-dramas, involved very depressing scenes, or appealed to stone-hearted drama lovers in some other way, such as Shakespeare in Love ." According to Williams' taxonomy , all film descriptions should contain their type (comedy or drama) combined with one (or more) sub-genres. This combination does not create
9840-426: The movie, but he can save his scenes." Roeper labeled him a marvel, and Leydon called his performance scene-stealing. Leyland said that Carell's likability helped carry the sentimental segments, but Holden considered that his performance gave Wonderstone a soulfulness that undermined the film's farcical aspirations and left the character lacking "a shark's bite". Leydon said that Buscemi offered an engaging performance as
9960-565: The obligation. Further, reasonable notice of a contract's terms must be given to the other party prior to their entry into the contract. Written contracts have typically been preferred in common law legal systems. In 1677 England passed the Statute of Frauds which influenced similar statute of frauds laws in the United States and other countries such as Australia. In general, the Uniform Commercial Code as adopted in
10080-405: The offer's terms, which is known as the " mirror image rule ". An offer is defined as a promise that is dependent on a certain act, promise, or forbearance given in exchange for the initial promise An acceptance is simply the assent of the other contracting party or parties to the terms stipulated in the contract. As an offer states the offeror's willingness to be bound to the terms proposed therein,
10200-450: The offeror. Consideration must be lawful for a contract to be binding. Applicable rules in determining if consideration is lawful exist both in case law and in the codes of some common law jurisdictions. The general principles of valid consideration in the common law tradition are that: The insufficiency of past consideration is related to the pre-existing duty rule . For example, in the early English case of Eastwood v. Kenyon [1840],
10320-554: The offeror. In a reward contract, for example, a person who has lost a dog could promise a reward if the dog is found, through publication or orally. The payment could be additionally conditioned on the dog being returned alive. Those who learn of the reward are not required to search for the dog, but if someone finds the dog and delivers it, the promisor is required to pay. On the other hand, advertisements which promise bargains are generally regarded not as offers for unilateral contracts but merely "invitations to treat". Some have criticised
10440-437: The other party to the contract. Contract theory is a large body of legal theory that addresses normative and conceptual questions in contract law. One of the most important questions asked in contract theory is why contracts are enforced. One prominent answer to this question focuses on the economic benefits of enforcing bargains. Another approach, associated with Charles Fried in his book Contract as Promise , maintains that
10560-414: The parties entering into a contract may be referred to as contracting . In the event of a breach of contract , the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission . A binding agreement between actors in international law is known as a treaty . Contract law, the field of the law of obligations concerned with contracts,
10680-491: The parties expressly state the opposite. For example, in Rose & Frank Co v JR Crompton & Bros Ltd , an agreement between two business parties was not enforced because an "honour clause" in the document stated "this is not a commercial or legal agreement, but is only a statement of the intention of the parties". In contrast, domestic and social agreements such as those between children and parents are typically unenforceable on
10800-493: The parties have explicitly agreed that breach of that term, no matter what the factual consequences, will entitle the innocent party to terminate the contract for breach; or (5) as a matter of general construction of the contract, the clause must be understood as intended to operate as a condition. In all systems of contract law, the capacity of a variety of natural or juristic persons to enter into contracts, enforce contractual obligations, or have contracts enforced against them
10920-525: The parties to modify the terms governing their obligations to each other. This is reflected in Article 3.1.2 of the Principles of International Commercial Contracts , which states that "a contract is concluded, modified or terminated by the mere agreement of the parties, without any further requirement". Assignments are typically subject to statutory restrictions, particularly with regard to the consent of
11040-456: The plot was predictable, and dated. Total Film ' s Matthew Leyland said that the attention to detail in terms of magician gestures, posture and dialog created a "withering showbiz satire", which is sidelined in favor of sentimentality. Entertainment Weekly ' s Owen Gleiberman said that the film is too cautious and unimaginative, choosing "earnest and mushy" over increasingly wild surprise, and Empire ' s Helen O'Hara considered
11160-517: The principle underlying contemporary negotiable instruments . The hawala system also influenced the development of agency in common law and in civil laws . In Roman law, agents could not act on behalf of other individuals in the formation of binding contracts. On the other hand, Islamic law accepted agency as permissible in not only contract law but in the law of obligations generally, an approach that has since become mainstream in common law, mixed law, and most civil law jurisdictions. Analogously,
11280-447: The promisee. The Indian Contract Act also codifies examples of when consideration is invalid, for example when it involves marriage or the provision of a public office. The primary criticism of the doctrine of consideration is that it is purely a formality that merely serves to complicate commerce and create legal uncertainty by opening up otherwise simple contracts to scrutiny as to whether the consideration purportedly tendered satisfies
11400-422: The promisee. Forbearance to act, for example, can constitute valid consideration, but only if a legal right is surrendered in the process. Common law jurisdictions require consideration for a simple contract to be binding, but allow contracts by deed to not require consideration. Similarly, under the Uniform Commercial Code , firm offers in most American jurisdictions are valid without consideration if signed by
11520-470: The requirements of the law. While the purpose of the doctrine was ostensibly to protect parties seeking to void oppressive contracts, this is currently accomplished through the use of a sophisticated variety of defences available to the party seeking to void a contract. In practice, the doctrine of consideration has resulted in a phenomenon similar to that of Ḥiyal in Islamic contracts, whereby parties to
11640-424: The right director, too. These kind of comedies scare directors a lot because you’re taking a chance and you’re going for something bold comedy-wise that either could be a big hit or it could really miss." Scenes of the young Wonderstone being inspired by a video of Rance Holloway, and buying a magic set were based on Daley's own childhood, in which he viewed a similar video of magician Mark Wilson . In February 2011,
11760-778: The role of law, the PRC's socialist background, the Japanese/German-based law of the Republic of China on Taiwan , and the English-based common law used in Hong Kong. Consequently, contract law in the Chinese mainland functions as a de facto mixed system. The 2021 civil code provides for the regulation of nominate contracts in a manner similar to that of jurisdictions such as Japan, Germany, France, and Québec. The rules governing contracts vary between jurisdictions. In
11880-438: The sale of a home, the buyer promises to pay the seller $ 200,000 in exchange for the seller's promise to deliver title to the property. Bilateral contracts commonly take place in the daily flow of commercial transactions. Less common are unilateral contracts, in which one party makes a promise, but the other side does not promise anything. In these cases, those accepting the offer are not required to communicate their acceptance to
12000-432: The same overarching purpose of enabling the creation of legally enforceable obligations, they may contain significant differences. Accordingly, many contracts contain a choice of law clause and a forum selection clause to determine the jurisdiction whose system of contract law will govern the contract and the court or other forum in which disputes will be resolved, respectively. Failing express agreement on such matters in
12120-506: The same seating arrangement. The audience responds with awe, and Doug awards the headlining act to Burt and Anton; they ask Jane to be their opening act. The trio then performs the Disappearing Audience trick again, returning everyone to the casino theater, as the now mentally-impaired Gray watches on with the drill bit still in his skull. As the film ends, the final scene shows how Burt, Anton, Holloway and others transported
12240-500: The script unfocused and the tone uneven, which undermined Carell's efforts to portray Wonderstone's return to glory, and The New York Times ' Stephen Holden said that the film's message was unoriginal and delivered without any special conviction. In contrast, Richard Roeper said that The Incredible Burt Wonderstone is "dark and wickedly funny", and Variety ' s Joe Leydon said that it neatly balanced sentimentality with edgy comedy. Time ' s Mary Pols said that while
12360-506: The term "represents" in order to avoid claims under the Misrepresentation Act 1967 , while in America the use of "warrants and represents" is relatively common. English courts may weigh parties' emphasis in determining whether a non-contractual statement is enforceable as part of the contract. In the English case of Bannerman v White , the court upheld a rejection by a buyer of hops which had been treated with sulphur since
12480-447: The terms of a contract are so uncertain or incomplete as to elude reasonable interpretation, the parties cannot have reached an agreement in the eyes of the law. An agreement to agree does not constitute a contract, and an inability to agree on key issues, which may include such things as price or safety, may cause an entire contract to fail. However, a court will attempt to give effect to commercial contracts where possible, by construing
12600-401: The theoretical debate in contract is its place within, and relationship to a wider law of obligations . Obligations have traditionally been divided into contracts, which are voluntarily undertaken and owed to a specific person or persons, and obligations in tort which are based on the wrongful infliction of harm to certain protected interests, primarily imposed by the law, and typically owed to
12720-447: The time Carrey had joined the project in October 2011, the younger magician character had become simply a rival magician, and Burt was now part of a formerly successful magic duo. The script went through many changes during its years of development, with Daley and Goldstein alone writing approximately fifteen drafts over a three-and-a-half-year period. There were four different endings, four different final acts including one where Holloway
12840-552: The transfer of debt , which was not accepted under Roman law, became widely practiced in medieval European commerce, owing largely to trade with the Muslim world during the Middle Ages. Since the nineteenth century, two distinct traditions of contract law emerged. Jurisdictions that were previously British colonies generally adopted English common law . Other jurisdictions largely adopted the civil law tradition, either inheriting
12960-403: The trick worked and was present on set during its filming. The production also used other magic advisors who ensured that hand movements during tricks were correct, and also served as hand-doubles. Producer Chris Bender said that the film is meant to be set in a fictional history of the world of magic, and so the filmmakers avoided casting many real magicians, so that it would not seem that the film
13080-512: The use of comedy film to make social statements by building their narratives around sensitive cultural, political or social issues. Such films include Dr Strangelove, or How I Learned to Love the Bomb , Guess Who's Coming to Dinner? and The Graduate . In America, the sexual revolution drove an appetite for comedies that celebrated and parodied changing social morals, including Bob & Carol & Ted & Alice and Fanny Hill . In Britain,
13200-732: The various legal traditions closer together. In the early 20th century, the United States underwent the " Lochner era ", in which the Supreme Court of the United States struck down economic regulations on the basis of freedom of contract and the Due Process Clause . These decisions were eventually overturned, and the Supreme Court established a deference to legislative statutes and regulations that restrict freedom of contract. The need to prevent discrimination and unfair business practices has placed additional restrictions on
13320-637: The weekend behind new release The Call ($ 17.1 million) and holdover Oz the Great and Powerful ($ 41.3 million). The gross was one of the lowest openings for a Carell or Carrey film. In its second weekend, the film's takings dropped by 58% to $ 4.32 million, putting it in seventh place. On review aggregation website Rotten Tomatoes the film has an approval rating of 37% based on 193 reviews, and an average rating of 5.16/10. The site's critical consensus reads: " The Incredible Burt Wonderstone serves up some goofy laughs, but given its outrageous conceit, it's surprisingly safe and predictable." On Metacritic it has
13440-414: Was L'Arroseur Arrosé (1895), directed and produced by film pioneer Louis Lumière . Less than a minute long, it shows a boy playing a prank on a gardener. The most notable comedy actors of the silent film era (1895–1927) were Charlie Chaplin , Harold Lloyd , and Buster Keaton , though they were able to make the transition into “ talkies ” after the 1920s. Film-makers in the 1960s skillfully employed
13560-525: Was filmed on the Strip because Scardino believed his character is "a creature of the Strip," while Carrey was filmed "in and around Fremont Street," where his character felt more at home. Scardino explained the decision to film the characters in these environments, saying the "two different worlds" of Vegas "helps define our talent," with the "ever-changing Strip" providing contrast with "the frozen-in-time aspect of Fremont Street." By January 16, 2012, filming moved to Los Angeles and southern California, including
13680-399: Was first used in the English case of Smith v Hughes in 1871. Where an offer specifies a particular mode of acceptance, only acceptance communicated via that method will be valid. Contracts may be bilateral or unilateral . A bilateral contract is an agreement in which each of the parties to the contract makes a promise or set of promises to each other. For example, in a contract for
13800-576: Was hired as director in 2011, but he eventually left the project and was replaced with Scardino. Daley and Goldstein rewrote Kultgen's script which then saw further rewrites from Jason Reitman in June 2011. Filming was scheduled to begin in October 2011 in Los Angeles , California , but was pushed back to January 2012. On a $ 30 million budget, filming began on January 10, 2012 in Nevada with filming later moving to Los Angeles. The Incredible Burt Wonderstone
13920-454: Was intended to be set in reality. The Incredible Burt Wonderstone premiered as the opening film of the SXSW festival on March 8, 2013; it was introduced by Carell, Carrey and Wilde. The film received a wide release in North America and the United Kingdom on March 15, 2013. The film earned $ 22.5 million in North America and $ 4.9 million elsewhere for a worldwide total of $ 27.4 million, against
14040-440: Was no longer happy performing. To show Holloway what the magician industry has become, Burt shows him Gray's performances which include feats such as sleeping all night on hot coals and regurgitating jelly beans. In the process, Burt is shocked to see Jane—herself an aspiring magician—working for Gray. Appalled by Gray's style, Holloway and Burt polish their own tricks. Holloway also counsels Burt about magic, inspiring him to remember
14160-417: Was played in sync with the action on the screen, on pianos, organs, and other instruments. When sound films became more prevalent during the 1920s, comedy films grew in popularity, as laughter could result from both burlesque situations but also from humorous dialogue . Comedy, compared with other film genres , places more focus on individual star actors, with many former stand-up comics transitioning to
14280-413: Was released on March 15, 2013, and earned over $ 27 million. Reviews generally praised Carrey's and Arkin's performances, but criticized the plot's inconsistent tone and predictability. Variety magazine listed The Incredible Burt Wonderstone as one of "Hollywood's biggest box office bombs of 2013" when it had made $ 27.4 million against a $ 30 million production cost. In 1982, young Albert Weinselstein
14400-447: Was used to its most judicious ends in years. Gleiberman said Carrey was one of the funniest components of the film, and Holden said that Carrey steals every scene he is in with a "take-no-prisoners ferocity that he hasn’t demonstrated in years". The Boston Globe ' s Ty Burr however said that Carrey is good at being loud, but not funny. Arkin was also praised, with Chicago Tribune ' s Michael Phillips saying that he "can't save
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