Legal Question in Civil Litigation in New Jersey
Breach of Contract
My husband was a member in a musical instrument store that was a LLC. While he was a member, he created a page in the My Space website with store info. He created the my space page on our home computer using our home email address during his days off. Anyone can create a my space page and the cost is free.
About a month ago, without my husband's permission, another member tried to have the myspace page transferred from our home email address to the store's email address. My Space wouldn't allow it.
My husband recently sold his membership in the LLC and the Transfer of Membership agreement said that he had relinquish all rights and responsibilites of the LLC, including the internet. However, the myspace page was not specified.
Since he sold his membership, my husband deleted the myspace page he had for the store. Does this account as a Breach of Contract? Can we be sued for this?
1 Answer from Attorneys
Re: Breach of Contract
You can be sued for many things. The question is whether a suit would have merit. From what you tell me, it was not within your husband's power to transfer his account to the LLC. He is not liable for failing to do something that was impossible to do unless the agreement has a warranty that promises that he will do it. Lacking something in the agreement, he should be safe.
See also: http://info.corbettlaw.net/lawguru.htm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
