Legal Question in Entertainment Law in Texas

Potential Breach of Contract

My potential clients entered into an Exclusive Recording Agreement with an entertainment company. The owner of the company, who signed the contract, is presently in jail for fraud and writing bad checks, and thus has failed to honor much of his part of the contract. How difficult will it be to have the contract voided, and how do we go about doing so?


Asked on 3/26/01, 3:15 pm

2 Answers from Attorneys

Re: Potential Breach of Contract

If the company with whom you signed the agreement is not living up to the promises, then you can request that court declare the contract void. Feel free to contact me if you would like to discuss this further.

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Answered on 5/30/01, 5:10 pm
Bruce Burdick Burdick Law Firm

Re: Potential Breach of Contract

Well, lawguru just posted to attorneys today your question of March. After two months delay I doubt you still need our advise. So, I will keep it short, and if you want more please email, write or call.

I would think jailing of your primary agency contact for fraud/bad checks would be solid grounds for terminating the agency. I would suggest you have an attorney write a termination letter with a threat of litigation for damages due to non-performance if they contest the termination. I doubt you will need to go to court unless you want to try to collect damages from the entertainment company (which is likely insolvent if its main guy is in jail). I think it best, however, to have the letter done by a litigation attorney, preferably one who deals in intellectual property or entertainment law as a specialty (you guessed it, that would be me), so the entertainment company knows you mean business and that they are in for a potentially costly legal conflict if they contest the termination.

I would strongly recommend you have an attorney look over the facts to see if you have a solid case for damages, as your brief statement of the facts suggests that possibility...if there is a solvent defendant to pay damages.

While my colleague, David Leon, suggests you can call him and go to court, my best guess is that this will be better handled without going to court.

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Answered on 5/31/01, 12:14 am


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