Legal Question in Business Law in California

music industry question

I have hired a band to perform a show and had a written contract with the booking agent that i signed and returned. It called for a 50% deposit that i paid via a business check. The booking agent told me that the check he received was not good enough and that a certified check or wire was needed per the original contract. After agreeing to this our conversation went bad and I became uneasy with having the band perform for me. I told him that i did not want to use them anymore because his management was making me uneasy. He told me he would sue me but offered me other options and prices that may work. I still do not want to use them. Do i have to abide by the original contract although he has not received the wire and also offered me other ways to proceed?


Asked on 9/29/08, 7:22 pm

2 Answers from Attorneys
John Gibson

Re: music industry question

The short answer is it depends on what the contract says in detail. A court would not force you to use this band since that is an issue of personal taste. You may be liable for money damages depending on what your contract states.

You should review your agreement in depth and try to determine what you would be liable for. If you need any help, I (or another attorney) would be happy to help you.

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Answered on 9/30/08, 12:03 am
Timothy J. Walton Internet Attorney

Re: music industry question

I have not seen the contract, but it sounds as if you are trying to argue that the contract is void because you breached.

Breach of a contract does not void the contract, and the band may have a cause of action against you.

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Answered on 9/30/08, 11:20 am


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