Legal Question in Business Law in California

publisher delivers books in rain
The phonebook that i had purchased display ads in for my two businesses. The 2 days that the books were to be delivered, March 4 and 5, 2006, it rained 2 plus inches leaving all the books soggy and bloated at the curbside. This wasn't just in my residential area, but mostly countywide.
I called to find out when the re-distribution was going to be. I was told that if I requested a book it would be brought to me. Upon further inquiry I was told the books would NOT be re-distributed, and compensation of a new book would be based on individual requests.
I did not get one call from the full page tow ad. I know this because I asked everyone that did call for a tow where they saw my ad and not one said the phonebook in question. This was an extreme hardship for myself and my husband as it was a new business and very costly to start up.
One of the terms and conditions of the contract with the publisher, is in part, ''Publisher agrees to DELIVER its telephone directories within the related service areas to businesses and residential telephone customers. THE SHELF LIFE OF ANY DIRECTORY IS 12 MONTHS.''
Does the fact that the books never made it in the home an

Asked on 3/09/07, 4:06 pm

Mark Leonardo Law Office of Mark J. Leonardo

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Re: publisher delivers books in rain

Can you prove that:

The books were delivered unwrapped?

The books were delivered outside?

There was sufficient rain to destroy all (or a substantial amount) of the delivered books?

If so, in the absence of contract language to the contrary, it sounds as if you have an interesting case.

Can you quantify the amount of lost sales due to the fact that the books were not effectively delivered?

Feel free to call or email our office to provide further information.

Answered on 3/11/07, 4:51 pm

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