When Miss California Breaches her Contract - Why Not Declare Her in Breach? Money Trumps (No Pun Intended) Everything!
The recent stories about Miss California have also highlighted another option for the innocent (non-breaching) party to a contract. I am not talking about Carrie Prejean's statements on gay marriage. I am talking about demonstrated breaches of her contract with the Miss USA organization. The Contracts Prof has listed a few, and he wrote an article for the LA Times.
Donald Trump owns the Miss USA pageant, and apparently the franchise is not getting a lot of publicity - until now. When a party breaches a contract, the other party has options. And continuing on (waiving the breach) is one option.
Carrie Prejean has created a lot of publicity for the pageant; and as they say, all publicity is good publicity. The interest in the pageant will undoubtedly increase because of the controversy. So why would Trump want to eliminate the one party that is effectively publicizing the pageant? He wouldn't. So absent something that makes Prejean's continued participation impossible, the parties will ignore the breach of contract and hope the publicity continues.
Not every breach is a breach.
