Tuesday, July 24, 2007

The Defense: Contracts, Killings & Theories

A perceptive law student from Michigan has taken a look at the Corrigan contract situation, and while he’s focused on studying for the Florida law exam, his conclusions about contract law are broadly applicable.

To wit:

"It’s not clear whether the death of Kocis would relieve Corrigan of his contractual obligations. Cobra Video is an LLC (limited liability [C]ompany), which is a form of corporation. Assuming the contract was between Corrigan and Cobra (with Kocis signing as president, not as an individual–but even if as an individual, there’d be lots of equity problems if Corrigan believed he was doing business with Cobra and not Kocis personally), then the contractual obligation would not disappear on Kocis’s death. Instead, the obligation would continue until the LLC was dissolved, which might happen automatically if the LLC had no members. Based on Kocis’s hermitage, this is likely. Any remaining members would have 90 days to agree in writing to continue the LLC.

“The contract probably require[d] Brent to do a certain number of films for a certain amount of money. [It does. –km] That’s a service contract. If Brent declines to do the films, the court will not order him to perform because that amounts to involuntary servitude and you can only imagine that it would be the worst porn ever (or at least no better than most porns where the actors are just doing it because they have to). The court will, however, forbid a party breaching a service contract from doing any other similar work (especially in direct competition, even if it’s not explicitly in the contract that he can’t work for anyone else, which I’m sure it is) until he does the work for Cobra."

It all goes to motive: whether or not Corrigan and Roy had a financial motive see Mr. Kocis killed.

It’s relevant because, if this thing actually goes to trial, you can bet your left testicle that the defense is going to offer an alternative theory of the crime. And one that would seek to implicate Corrigan and Roy is as likely as not.