Shirley Parker is the legal name of well-known actress Shirley MacLaine, who contracted with Twentieth Century Fox Film Corporation to play the female lead in a picture entitled Bloomer Girl, a musical. The film corporation decided against making the film, and so notified Parker, but offered to employ her in another film, Big Country. The compensation was the same, but the latter picture was a Western to be shot in Australia as opposed to a musical. Parker was given one week to accept. She didn’t, and sued Twentieth Century Fox, seeking recovery of $750,000 plus interest. The defendants argued against the awarding of damages to Parker because, they claimed, she failed to mitigate her damages by accepting the part in Big Country. The trial court awarded summary judgment to Parker. Twentieth Century Fox appealed.

1. Decide what damage award each of the four primary ethical norms outlined in Chapter 1 compels in Case 11-4 and present a rationale for why that norm compels that particular damage award. You are not looking for a specific number here. Instead, you are asking the question, “Which of these norms propel the damage award higher and which argue for minimal damages?”
Clue: Remember that one form of ethical reasoning focuses on the consequences of following an ethical norm in a particular situation. For instance, what would be the impact on efficiency if the damage award were even higher than that affirmed by the court?
2. If you were the judge in Case 11-4, what argument would you make in defending the size of the damages awarded by the trial court?
Clue: Use ethical reasoning to support your desired remedy.