Business Law

Ask a business lLawyer. Get business law questions answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Let's say I signed a settlement agreement with a publisher…

Hi,Let's say I signed a...
Hi,Let's say I signed a settlement agreement with a publisher not to distribute any more counterfeit copies of its books. If I were to continue distributing copies of its books after the settlement agreement, would they be entitled to additional damages based on the breach of contract? What about punitive damages?
Show More
Show Less
Ask Your Own Business Law Question
Answered in 20 minutes by:
12/1/2017
KLAW
KLAW, Attorney
Category: Business Law
Satisfied Customers: 2,211
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
Verified

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

If there is a breach for continued sale of the books then the settlement agreement is considered breached. It would be up to the other party to file an action to enforce. They would be entitled to whatever damages they can prove in the way of reliance, expectation, or restitution.

They may be entitled to what is called liquidated damages, which is usually agreed upon ahead of time and written into the contract. The contract will also state what kinds of actions will require a payment of liquidated damages.

Now if there is a breach, then they may also be entitled to damages going forward after the breach based upon the sales. However, the settlement agreement will usually detail what damages are allowed for a breach. If the agreement is silent as the ongoing damages then the continued sales would be calculated into their damages.

Punitive damages are not generally awarded in contracts cases.

I hope this helps.

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

Ask Your Own Business Law Question
Customer reply replied 5 months ago
But if the breach of the contract occurred to a tort (since I kept selling counterfeit books, which is copyright infringement), would they still not be entitled to any punitive damages?

If the right to recover punitive damages is written in the Act or law then yes. However, The Copyright Act specifically prescribes the damages recoverable in copyright actions. "Except as otherwise provided by this title, an infringer of copyright is liable for either... the copyright owner's actual damages and any additional profits of the infringer... or ... statutory damages...." Several recent decisions However, some federal courts have allowed punitive damages claims to proceed, but the plaintiff must allege that as part of their damages and plead.

I hope this further clarifies.

KLAW
KLAW, Attorney
Category: Business Law
Satisfied Customers: 2,211
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
Verified
KLAW and 87 other Business Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 months ago
Thank you. I appreciate it.
Was this answer helpful?
Ask KLAW Your Own Question
KLAW
KLAW
KLAW, Attorney
Category: Business Law
Satisfied Customers: 2,211
2,211 Satisfied Customers
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.

KLAW is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,851 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

751 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

646 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

577 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
Im a general contractor and Im being sued for breach of contract.
I'm a general contractor and I'm being sued for breach of contract. The contract was for $40,000. Half way through the job I realized I underbid the project. At this point I received $31,345 and reque… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
How can I rescind a divorce/separation agreement signed ye
How can I rescind a divorce/separation agreement signed yesteerday?… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I have been in a contract with guardian protection for my
Hi, I have been in a contract with guardian protection for my home security alarm. My skybell camera and door has not worked properly for over a year and they have failed to fix the issue which mainly… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,274 satisfied customers
I sub contract the electrician to open a electrical permit
Hi, I sub contract the electrician to open a electrical permit for my home improvement, and do the work, can I fire him before he close the electrical permit, and Do I able to close the open permit my… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
I had a 3 years contract with Time warner for internet and
I had a 3 years contract with Time warner for internet and phone service starting in Jan 2017, Now Time warner was bought by Spectrum. Spectrum increase my payment this month May 2018. Is this conside… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
I've asked for the contract to amended so that I cannot be
Hey, So I've asked for the contract to amended so that I cannot be booted out. The idea was to put in a no "Cause" clause, so a valid reason must be given before being voted out. Its valid for 6months… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have made a business contract in Saudi Arabia with a
I have made a business contract in Saudi Arabia with a Syrain business man living in Saudi Arabia ���� for his business located in USA ����. How can I make this contract proved and legal by the US aut… read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,537 satisfied customers
BUSINESS LAW - When is a contract breached?. If you have a
BUSINESS LAW - When is a contract breached? . If you have a contract that states, BIZ A will fix the hole in your roof on March 15 . On March 14, BIZ A calls to cancel the contract . 2 hours later, On… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,274 satisfied customers
Real Estate Contract: Buyer Makes an Offer and completes a
Real Estate Contract: Buyer Makes an Offer and completes a form "Contract for Offer and Purchase of Real Estate" and signs it. The form is 9 pages long. Seller Signs the "Contract for Offer and Purcha… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
In a commercial construction contract what clauses are
In a commercial construction contract what clauses are required by law (federal and state for Missouri)?… read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,537 satisfied customers
If a contract between a buyer and a supplier existing and
If a contract between a buyer and a supplier existing and there is a thorough Assignment section of the contract but the supplier is acquired by a competitor of the buyer, could a case be made that an… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
If a contract is signed between a supposedly licensed
If a contract is signed between a supposedly licensed contractor and a homeowner, but later the homeowner discovers that the contractor is not really properly licensed, according to the contract's own… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I am contracted to perform some work. In the contract, I
I am contracted to perform some work. In the contract, I provided prices for each item. Some of the items say lump sum under the quantity column and some provide a quantity. for example the bedding st… read more
Lori
Lori
Juris Doctor
1,375 satisfied customers
If I take money out of my IRA as part of the settlement in
If I take money out of my IRA as part of the settlement in 2017 and take money out to pay the taxes in 2018 will I be required to pay taxes on the taxes … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I need a lawyer to review a partnership contract and a
I need a lawyer to review a partnership contract and a response from my partner's lawyer and give me advice on what to do next.… read more
Lori
Lori
Juris Doctor
1,375 satisfied customers
If a refusal to settle a contract because of coerced
if a refusal to settle a contract because of coerced pressure and compelling circumstances obligated to be settled without a judge decision … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,758 satisfied customers
Let's say I signed a settlement agreement with a publisher
Hi,Let's say I signed a settlement agreement with a publisher not to distribute any more counterfeit copies of its books. If I were to continue distributing copies of its books after the settlement ag… read more
KLAW
KLAW
Attorney
2,211 satisfied customers
A settlement has been reached between the parties. The party
a settlement has been reached between the parties. The party to whom the payment was to be made, did not submit W9 info for some time, thinking it was not necessary. For how long after reaching the se… read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
751 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x