Also known as: producent · producers · manufacturer · maker
Written by attorneys · grounded in primary & secondary sources — see below
An individual or company that creates or manufactures goods, media content, or commodities for sale or distribution.
Select any source to read its text and confirm it supports the definition.
Piper Patel, a film producer, told Progressive Healthcare she had secured exclusive rights to a script when she knew the rights belonged to another studio. She made the statement to induce the company to sign a production financing deal. The company relied on the statement and signed. The misrepresentation is fraudulent because Piper intended it to induce assent and knew it did not match the facts.
Peak Performance, a medical device producer, told a hospital the device had passed all safety tests when it had not completed the final round. The hospital bought the devices in reliance. The misrepresentation is fraudulent because the producer knew the assertion did not match the facts and intended to induce the purchase.
Pioneer Energy, a battery producer headquartered elsewhere, advertised heavily, maintained dealerships, and supplied replacement parts in the forum state. A resident bought a battery that failed and sued for product liability. The forum may exercise specific jurisdiction because the claim relates to the producer's extensive forum contacts even though the particular battery was not first sold there.
Paige Porter, a music producer, signed the back of a promissory note she had received for production services. She added the words 'pay to the order of' the bank. The signature qualifies as an indorsement because it was made for the purpose of negotiating the instrument regardless of her subjective intent.
Pedro Pacheco, a television producer, told an investor the pilot had already been greenlit by a major network when he knew only preliminary talks had occurred. The investor signed a funding agreement in reliance. The misrepresentation is material because it would likely induce a reasonable person to manifest assent.
Pavel Petrov, a software producer, had told a buyer the program contained no third-party code. Months later the same buyer, still relying on that statement, induced a third party to license the program. The producer is subject to liability for pecuniary loss in the later transaction as though he had repeated the representation.
A misrepresentation is fraudulent if the producer intends the assertion to induce assent and knows or believes the assertion does not match the facts, lacks the stated confidence in its truth, or knows the basis for the assertion is lacking.
Yes, when the producer has extensively advertised, maintained dealerships, and supplied replacement parts in the forum, thereby creating and exploiting a market there, and the claim relates to those contacts.
…undertakes to remain steadfast, lest in the end a price be paid for nothing. The promise of constancy, once given, binds its maker for as long as the power to stand by the decision survives and the understanding of the issue has not changed so fundamentally as to render the commitment obsolete. From the obligation of…