Legal Question in Business Law in California
Intentional misrepresentation
I was promised a label management position with an independent record label.I was given an American express Business Card, and was told to use my capabilities to ecure major music libraries with songs. I did and four of them are being used for different projects. I also was informed to seek talent, I did, and for the above they would make me a label manager. They had cards printed up for me, and featured me on their website. I signed the act we found in a letter of intent which was NOTARIZED and as an authorised signatory my name appears. They did NOT keep their word, and I wanted to know if I had a case against them?
Any help with the above isgreatly appreciated in advaance.
3 Answers from Attorneys
Re: Intentional misrepresentation
The key words here are "was promised" and "keep their word." If you have a written deal memo or other writing setting forth the terms of the deal, you are in a lot better position than someone trying to enforce an oral contract. Next time, get it in writing up front. Even so, if you have some way of proving what compensation you were supposed to receive for your efforts, you may still have a case. Your credit card, web site mention, and letter of intent may be good evidence that some sort of contractual relationship existed.
Re: Intentional misrepresentation
It sounds like they misrepresented what you were promised. However, the major question is likely to be: What are your damages?
You need to determine what the monetary loss as a result of their misrepresentation. This should be "hard" losses of what can be proven.
Re: Intentional misrepresentation
you may indeed have a case. perhaps based on misrepresentation, perhaps simply a contract case wherein you acted, to your detriment, based on their representations / promises of performance. all of the things you mentioned might be good evidence. ANY writings that exist (e-mails, letters, deal memos, etc.) are going to be helpful to your position.
further, what was supposed to be your remuneration?
call if you would like to discuss.
daniel king
818 587-9299
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