If my publisher is supposed to correct some mistakes in my book but has failed to do so, what can I do to get out of my contract?

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If my publisher is supposed to correct some mistakes in my book but has failed to do so, what can I do to get out of my contract?

He did not do that and put it on Amazon and Barnes and Nobles as well as other online book sellers. He promised me that it would be taken care of by last week. However, he lied and he is avoiding me. I signed a contract for a 3 book deal and I am beginning to regret it.

Asked on January 7, 2015 under Business Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You most likely cannot get out of the contract for this reason:

1) First, if the obligation to fix the mistakes was not in the contract itself, it would be very difficult to show that this was a breach of contract, and you need there to be a material (important) breach in order to have grounds to treat the contract as terminated. But a contract is not breached by something which is not in the contract, or by something which is violation of an extrinsic (outside the contract) or collateral (side) agreement.

2) Even if the obligation to fix mistakes was in the contract, only if the mistakes were material (important) would the breach be sufficient to treat the contract as terminated. Typos, some bad editing, etc. would typically not rise to that level, unfortunately.


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