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Can an email agreement be broken if the parties involved changed without my knowledge?
Cincinnati, OH
Viewed 22 times.
Posted 4 months ago in Contracts / Agreements
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I was contacted by a soundman to who desired to run sound for my band. He agreed to 5 dates through email. A couple months later he handed the bookings over to his brother who was represented as another sound company. I didn't know him and didn't desire to use him. I cancelled the bookings. There was no cancellation clauses discussed. I had actually cancelled the first of the 5 bookings 2 months before due to our show being cancelled. At that time he did not seek any payment. Now he is claiming rights to the money for all 5 bookings. Can the agreement be cancelled due to the fact that 1) we were not notified of the change of companies performing the agreement, and 2) there is no signed contract outlining any cancellation stipulations?
Answers (1)
Bradley William Miller
This attorney is licensed in Ohio.
Posted 4 months ago.
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The short answer is that it may be possible for the agreement to be cancelled.
Generally, if the contract does not state otherwise you can assign performance of your responsibilities to another person/company. This is a default rule. However, if you are contracting for the specific services of an individual or company, you can argue that your agreement was only for the specific services of that person or company. Another argument you may have is that the soundman's brother would need to show damages if he were to try to sue you for payment. Obviously he wouldn't be getting your money for those five shows, but opening those dates could then allow him to contract with other bands. I am going to give you the standard "you should talk to any attorney" advice.In this case though, I think it is important because of the specifics of contract law that could allow you to be successful in defending a claim. If you have any further questions or would like to discuss the matter in more detail, feel free to contact me.
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