MovieChat Forums > Midnight Run (1988) Discussion > moscone would've sued jack

moscone would've sued jack

posted 10 years ago by Grandizer74
7 replies | jump to latest

When Jack let the Duke go at the end, the movie wanted us to feel like Moscone got his comeuppance, and that he would be ruined and go out of business. It seemed to forget that Jack insisted early on that Moscone give him a contract. Since he got everything else, we have to assume he got that too. That contract would legally bind Jack to delivering the Duke per the terms. Moscone could prove that Jack could've fulfilled the contract but chose not to, thus violating the terms. He would've sued him for restitution, plus damages, since it was a willful act when Jack let the Duke go.

[–] kaneforgov 10 years ago

The contract leagally bound them to the fee for the job done. Jack was not legally bound to deliver the Duke. Bounty contracts don't work that way.

[–] LeonardPine 10 years ago

Exactly. Jack didn't deliver The Duke so Marscone doesn't have to pay him.

Was it a millionaire who said "Imagine no possessions"?

[–] fonte-2 9 years ago

like Rocky says at the end of V, "Sue me for WHAT?" Remember....Moscone thinks Jack is still the pauper loser that he was. He has no idea that Duke gave him money.

[–] ScopeWatcher 9 years ago

That contract would legally bind Jack to delivering the Duke per the terms. Moscone could prove that Jack could've fulfilled the contract but chose not to, thus violating the terms. He would've sued him for restitution, plus damages, since it was a willful act when Jack let the Duke go.

If the OP wasn't convinced, look at it this way: The contract would have specified only that Moscone would pay $100,000 if Walsh captured and turned in Mardukas within the five-day time frame. That constituted neither a guarantee nor an obligation on Jack's part to do it.

Most great films deserve a more appreciative audience than they get.

[–] joed1667 8 years ago

If Moscone had a (binding) contract with Jack, then he violated it by bringing Dorfman in to interfere with him.

[–] JW-7 8 years ago

Legally, that's called "unclean hands" and would constitute a complete defense.

[–] gottaluvafriend 8 years ago

Okay.