Legal Question in Business Law in California

Newspaper Advertising

We advertised for one year in a local magazine here in San Diego. I was not given a copy of the contract after I signed.

Is this considered a "valid" contract?

also

Our agreement is for onece a month for one year for a full page ad. They have already printed and it has been published consecutively as agreed for 3 months.

I contacted the editor and asked him if we can put out the ad every other month instead of every month because sales is slow.

I received a letter stating that we are obligated to continue with the contract as is and that we can only be released from the contractual obligation if we pay the remaining balance in full.

I would like to ask for your opinion regarding this matter.

Thank you


Asked on 9/01/99, 1:49 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Newspaper Advertising

While it would have been better business practice for the magazine to give you a copy of the contract, you signed it and I see no reason to believe it is invalid. You cannot require the magazine to change the terms of the agreement just because your business has turned out to be slower than you had hoped.

The question is how much you should have to pay to get out of the agreement. If you refused to pay and the magazine sued, they would probably win. However, the amount they would win (barring any unexpected provisions to the contrary in your contract) would be their lost profit and not the entire contract price. Thus, if the magazine can save on printing costs without your ad, the reduced costs would be deducted from the damages.

How much is at stake here, anyway? If it's a small magazine, the amount involved may not be worth fighting over. You might be best off running the ads and hoping for the best.

Read more
Answered on 9/02/99, 4:02 pm


Related Questions & Answers

More Business Law questions and answers in California