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I have a business question. California, no

Customer Question
I have a business...

I have a business question

Lawyer's Assistant: What state are you in? And have you consulted a local attorney?

California, no.

Lawyer's Assistant: Has anything been officially filed? If so, what?

No

Submitted: 5 months ago.Category: Legal
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Answered in 5 minutes by:
11/21/2017
Lawyer: socrateaser, Lawyer replied 5 months ago
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,769
Experience: Retired
Verified

Hello,

What's the question?

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Customer reply replied 5 months ago
I have a feeling that my client is trying to get one over on me. I agreed to promote his stuff, he received results, and now wants to try to ask for a refund. Can you please look at this contract? It says he can only cancel after 10 days, it's been two months. The client paid the 5,000 up front.
Lawyer: socrateaser, Lawyer replied 5 months ago

Termination of a contract is not the same as cancellation. Termination means to stop further rights and duties under the contract. Cancellation means to render the contract nonexistent. Your contract has a termination, rather than a cancellation provision, and it is conditioned upon a breach. The author would have to expressly state the breach in order to terminate, and you would have 10 days to cure assuming that you agree that a breach has occurred.

Otherwise, the contract is enforceable, and it would be necessary for the Author to sue and prove that you didn't perform. You state that results were obtained. Assuming that you performed in accordance with the contract, then you are not in breach, and the author has no right to terminate the contract at all.

At this point, based on your limited facts provided, I don't see that the author has any grounds to claim a breach or to terminate the contract. And, even if the contract were terminable, that doesn't entitle the author to a refund of any payment. The author would have to prove damages in court (assuming you and the author cannot accomplish a settlement and release).

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Lawyer: socrateaser, Lawyer replied 5 months ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Category: Legal
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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).

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