Legal Question in Entertainment Law in California

Re: Book publishing

I doubt the publisher could prevail on an oral agreement because the so-called agreement would likely fall within a legal concept known as the 'statute of frauds.' If it did, the publisher would need written evidence signed by the other party of such agreement to enforce its terms. If the oral agreement by its terms could be performed within one year the publisher may have a shot but because a typical publishing agreement includes royalties and other provisions that cannot be performed within one year, I doubt the publisher could prevail.

Re: Book publishing

Oral contracts are just as enforceable as written ones. However, oral agreements are far more difficult to prove obviously. You may want to retain legal counsel to review your case and/or represent your interests here.

Re: Book publishing

You do not have to have a written contract to bring a lawsuit. The publisher might be able to sue based upon an oral or implied contract - or even under "equitable" principles. In essence, regardless of whether "specifications" were agreed upon, the court could determine what would be fair or "equitable" under the circumstances and find accordingly.

These are usually very fact specific cases - one email can change the entire outcome. Also, these are difficult cases to assess on your own because non-traditional legal principles might be involved. You really should consult with an attorney to see if there is exposure.

Re: Book publishing

Certainly anyone can sue for anything whether or not they can prevail is another. The terms would have to be determined by the court, if the court can't make a finding as to the terms of the contract then it may find that there is no contract. Contact me directly

Re: Book publishing

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