In the 2006 movie, Borat: Cutural Learnings of America for Make Benefit Glorious Nation of Kazakhstan, English comedian Sacha Baron Cohen plays the role of an outrageously inappropriate Kazakh television reporter who journeys across the United States to film a documentary about American culture. In the course of his travels, the title character uses his bizarre persona to elicit offensive statements and behavior from, as well as to generally humiliate, a number of ordinary Americans who are clearly not in on the joke. How did the producers convince these unfortunate stooges to participate in the project? According to several who later sued, the producers lied about the identity of Borat and the nature of the movie when setting up the encounters in advance over the telephone, and they then contradicted and disclaimed the lies in a waiver that the stooges signed without reading just before the cameras began to roll.

This talk article explains the doctrinal and normative reasons that the Borat problem, which arises frequently, although usually in more mundane contexts, divides courts. It then suggests an approach for courts to use when facing the problem that minimizes risks of exploitation and costs of contracting.

{ The ‘Borat’ Problem and the Law of Negotiation | Continue reading }

photo { Alpines, the Night Drive EP, 500 individually numbered 10″ Vinyl Discs }

ideas, law, showbiz | April 2nd, 2011