If the other party is not honoring an article in our contract, what is my recourse for this breach?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If the other party is not honoring an article in our contract, what is my recourse for this breach?

“Vendor agrees that for a period of 12 months following the termination of this agreement, it will not solicit or offer consulting services or become an employee or contractor to XXXXXX without the Company’s prior written approval which shall not be unreasonably withheld”. I am the vendor and have invoked a written request to the Company which has been ignored.

Asked on August 14, 2012 under Business Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have two options:

1) Especially if you have provided written demands for the approval (and so can document your requests), you can treat their failure to respond as being a breach of the contract, which breach frees you from your reciprocal obligations--i.e. would let you become a consultant, contractor, etc. (When one party breaches a contract, the other party is often freed from its resposibilities.) If you go this route, be prepared that the company may try to take legal action to stop you from doing this; therefore, while you should have a good defense (though the outcome of litigation is never certain), you need to be prepared to have to defend yourself in court.

2) Alternately, you could affirmatively bring a legal action seeking a court order forcing the company to give you the approval. This will delay you (until the case goes to court) and require you to spend time and money, but will provide certainty.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption