Contract Law
Court Quotes ‘Seinfeld’ Episode in Ruling Involving Author Tom Clancy
Posted Aug 26, 2008, 09:04 am CST
By Debra Cassens Weiss
Maryland’s highest court is relying on a Seinfeld episode to explain why author Tom Clancy cannot harm a partnership with his ex-wife simply because of spite.
The Maryland Court of Appeals cites the Seinfeld episode in which Jerry tries to return a jacket he purchased after an unrelated personal quarrel with a salesman. The decision (PDF) issued today says a trial court will have to determine whether Clancy acted in bad faith when he withdrew from a television and paperback series that profited the partnership he formed with his then-wife, Wanda.
In footnote 27, the court reprints the dialogue between Seinfeld and a store clerk. Seinfeld tells the clerk he is returning the jacket for spite because he doesn’t like the salesman who sold him the jacket. This is part of the exchange:
Clerk: I don't think you can return an item for spite.
Jerry: What do you mean?
Clerk: Well, if there was some problem with the garment. If it were unsatisfactory in some way, then we could do it for you, but I'm afraid spite doesn't fit into any of our conditions for a refund.
A hat tip to the Legal Profession Blog.
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