How a Business Hired a Lawyer to Review a Marketing Agreement in California

I'm so sorry about this situation! The answer is yes. Under California law, a breach of contract occurs when one party fails to fulfill a legal duty the contract created and causes damages for the plaintiff. (California Civil Jury Instructions Number 303.) The measure of damages is the amount that will compensate the aggrieved party for all the detriment caused thereby or likely to result therefrom. (Cal. Civ. Code § 3300.) The law generally allows you to suspend your performance, much like if you stop paying your cell phone bill, your account is cut off. Also, any contract entered into after January 1, 1986 that does not stipulate the legal rate of interest, the obligation shall bear an interest rate of 10% per year after the breach. (Cal. Civ. Code § 3289.) 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. You have some options you can explore: You may want to consider just writing a formal demand letter. You can find it here - https://www.contractscounsel.com/t/document-form-checkout/119 You can file a lawsuit in your local court. If you’ve already sent a bunch of letters, then the truth is this is the only way to compel them to do anything. Best of luck! Dolan

Hello! Some important provisions in a marketing contract entail the following: 1. Scope of Work 2. Payment Terms 3. Performance Metrics and Reporting 4. Intellectual Property 5. Confidentiality 6. Termination Clause 7. Indemnity and Liability 8. Representations and Warranties 9. Dispute Resolution An attorney can create a comprehensive marketing agreement that clearly outlines the responsibilities and obligations of both parties and protects your interests as a small business owner. Given your limited legal knowledge, have an attorney draft or edit the agreement to ensure it protects your interests. Best regards!