I have a written contract with another company. According the contract I am entitled to be paid 35,000 for my financial advisory service (arrangement of a loan and some accounting work). After both parties signed the contract, I have entered into another contract with an assistant, in which I promised to pay $1000 from the said 35,000 for his assistance. In the second contract, my assistant has disclosed that he will be paid further $45,000 from the bank, so no further fees is not required. However, if during the process I terminate the process, I have to pay him his entitlement of 45,000.
Now, my first contract was terminated due to a dispute arose within their company. They are not willing to honor the contract. The notice of termination however says, we are not satisfied with your skills, so we wish to terminate your advisory service.
It was not a term in the first contract that I am skilled. In the contract , there is nothing bout my capacity to perform.
Am I entitled to sue for 35,000 or 45,000?
Is there any risk of failure?
1 Answer from Attorneys
Without personally reviewing this written contract and the relevant facts concerning its making, I couldn't offer an opinion as to your inquiry. (With respect to contracts, reasonable performance may be
implied as a material term even if not specifically referenced in the document itself.)
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