Review Book Publishing Agreement in California for Education Business (February 2024)

Hello! My name is Dolan and thanks for choosing contractscounsel.com! It’s super frustrating when a publisher doesn’t meet their deadlines, especially when it messes with your reputation and finances. Whether you can end the agreement depends mostly on what’s in your contract. Check to see if it says anything about what happens if the publisher misses deadlines. If the deadlines were key to the deal and their delays are considered a major breach (something that defeats the purpose of the contract), you might have a solid case to terminate. Most contracts require you to give formal notice of the problem and allow time for the publisher to fix it (a “cure period”). If they still don’t deliver, you’re in a better position to end things. If it turns out they are continually failing, this is a breach of contract. A breach of contract simply means that one party was obligated to perform and they have either not performed or have said that they will not perform. (Restatement (Second) of Contracts.) This applies regardless of whether the agreement was written or done orally. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. I hope this helps and let us know if you need to review. Dolan

Like any other contract, if one party is not doing what they promised, that can be a valid reason for terminating a contract. I suggest that you first send a certified, return receipt letter and express your concerns. Use a polite, collaborative approach - don't make any threats.