Validity of agreement after violation by one party.
Ajay Shukla
(Querist) 29 September 2014
This query is : Resolved
A publisher published my book a few years back . An agreement was also signed. The copyrights were mine. The publisher did not follow the terms of the contract and never made any payment as per the terms. Now I want the same book to be published by another publisher. Does the old agreement still hold good ? can I freely get the book published by another publisher ? Does the existing publisher have any right over the book ?
Ajay Shukla
V R SHROFF
(Expert) 29 September 2014
ISSUE NOTICE TO PUBLISHER , DEMANDING YOUR CLAIM, BE PAID TO YOU WITHIN 15 DAYS.
ailing which, this notice terminates your agreement, and you will get ur book published thru another publisher ..
Wait for Reply for 15 days, then send notice of final termination..
ajay sethi
(Expert) 29 September 2014
agree with Mr Shroff
Rajendra K Goyal
(Expert) 29 September 2014
All the terms of the original agreement, specifically the terms relating to termination of agreement has to be referred, consult local lawyer.
Ajay Shukla
(Querist) 30 September 2014
Thanks for the reply. Suppose I want to terminate the agreement in any case, then ?
Anirudh
(Expert) 30 September 2014
Even for that you have to first give the legal notice. It is your claim that the publisher did not abide by the terms of the contract. Nobody as yet know what is the version of the publisher. Only the reply to your legal notice will bring out the version of the publisher. Just because one party to the contract has not allegedly acted in terms of the contract does not automatically empower the other party to act as it deems. Any unilateral act by any party to the contract is fraught with consequences and will complicate matters.
