Can I get my money back if a contract was not fulfilled?

I entered into a contract to shoot a series that I wrote. The contract states that 7 episodes would be completed no later than 4 months ago, however none of that was done as we never got passed the first episode. It is now going on a year. I decided not to work with this person anymore due to other things that were being done but I decided this after the contract was up. This person is refusing to give me any of my money back at all not even half, what can I do?

Asked on November 20, 2018 under Business Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If the reason that the contract was not fulfilled is the other party or person, then you can get your money back for all work or services not provided: e.g. if they were supposed to do 7 epsiodes but only did 1 and it was the other person's fault or failure that only 1 was done, you could get back 6/7ths of your money. This is because when the other side breaches the contract and fails to fulfill it's obligations, it cannot keep the money for any work, etc. not done.
If you were the reason the contract was not fulfilled (didn't do what you were supposed; refused to cooperate or work with the other party), however, then you are not entitled to your money back: when you breach the agreement, the other side gets to keep what you paid them.


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