Is there any legal recourse against a publisher not fulfilling there contractual obligation and publishing a book that was paid for upfront?

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Is there any legal recourse against a publisher not fulfilling there contractual obligation and publishing a book that was paid for upfront?

My co-author and I have tried repeatedly to contact the publisher to make changes and publish the book but they will not return phone calls or emails.

Asked on April 5, 2012 under Business Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A contract is legally enforceable against any of the parties to it. If you have honored your obligations (e.g. you paid for the book), but the other side is not fulfilling its obligations, you may sue them for breach of contract. You could sue to obtain your money back and also compensation for other losses or expenses you incurred (for example, say you spent money on a trade show booth or on marketing/advertising your book--you could likely recover those costs, which have now been wasted or lost due to the publisher's breach, as well).


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