Possible Contract Breach from Book Printing Company

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Possible Contract Breach from Book Printing Company

I’ve been dealing with a printing company to self-publish my first book. I’ve paid 2 installments the first to begin, the second after I received some proof copies, and now I’ve received 5 of what are called

Asked on April 20, 2018 under Business Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you can prove that they either--
1) breached their contract, by not doing what was agreed to be done (but note: the agreement must be in the written contract or agreement or some addendum or schedule to it, like a written description of book features--"beach of contract" requires breaching the actual contract, not any side or ancillary discussions or negotiations); and/or
2) lied about what they could or would do to get you sign up with them and give them the work (which knowing lie made to induce you to enter into a transaction would be fraud)
--you would have good defense to paying anything more than the agreed-upon amount, and could possibly even--so long as you are willing to give up the books printed--escape the contract entirely and get your money back. (You'd have to give up the books to get all your money back, assuming the fraud or breach of contract otherwise justified this, because once you accept something of value from the other side, you are obligated to pay at least it's fair value--you can't keep their product without paying for it.)


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