we asked that our bold listings in both the white pages & the yellow pages be substituted by standard listings for the printed 2012 phone book. Until today when a client asked why we had no listing in the phone book we had no idea that they had deleted all listings. the request to change the listing was by email which clearly state that we wanted to change the listings not delete them but the company concerned say we asked that the entries be deleted. they agreed when i pointed out the email that they had got it wrong. We asked about compensation and were told that as they were free listings there would be no compensation forthcoming but our argument is that until the listings are restored in the next reprint (2013) then obviously there will be a revenue loss due to the fact that people are unable to respond to our radio ads etc because they cant find us in the book or online. it would be interesting to know what sort of value they say can be generated by a yellow page listing etc. Would be interested in your comments
discussion with the company concerned.
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That would be an interesting damages issue. They have clearly breached the contract to advertise, so the damages must flow from that. I would think you may need a media expert to give you some idea as the losses.
There would be a finite period of loss from the expiry of the last ad to the replacement for 2013, which would have to be based on the lost opportunity. There could be some difficulty in calculating exactly what you lost however.
the courts have developed guidelines for assessing damage, and distinguish between certain or speculative damage. You may also need to show that you have mitigated your loss, perhaps by advertising in other ways, although being left out of the phone book, where they have a monopoly, would make it difficult to demonstrate how else you could have advertised your contact details.
In this sort of case the court would need to estimate the figure for losses, because the analysis of the loss of business would be very difficult. I am inclined to think the court would be cautious in fixing the figure, but it would be difficult to say how much. No doubt the publishers would also say your choice to change from bold to standard listings would have reduced your exposure as well.
But at the end, they had breached the contract, and you should be entitled to some compensation.
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