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I have a question about a license contract dealing with

I have a question...

I have a question about a license contract dealing with Intellectual Property.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

It's between two states: Tennessee and Florida.

Lawyer's Assistant: Has anything been filed or reported?

The contract has been signed, but that's it.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The other party is trying to back out of this contract that granted me "irrevocable rights to use" certain IP on a joint project. He is citing a 72 hour period in which he can back out, but according to my research, that only applies to certain contracts in certain states.

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Answered in 1 minute by:
1/17/2018
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,696
Experience: Licensed Texas General Practice Attorney
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Thank you for using JustAnswer.

So to be clear, what is your specific question?

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Customer reply replied 1 month ago
Can the other party back out of this contract? That is the heart of the matter of my question. Are they telling the truth that they can back out after signing the irrevocable rights to me on a contract that doesn't have a section about rescinding?
Customer reply replied 1 month ago
I can provide the contract in question so that you may look it over, if needed.

They'd only be able to back out if the contract specifically gives them a right of rescission (a "cooling off period"). Generally speaking there's no 72 hour / 3 day right of rescission. That's a very, very common misunderstanding about the law. Many people think that all contracts have a 3 day cooling off period, but as you have discovered, that's actually in very limited circumstances. There are no general rights of rescission in intellectual property, so I can't think of one that would apply here.

In this situation, you have a contract, so anyone that is trying to say the contract does not apply has the burden of proving why it would not apply. So I would ask him to cite the specific law that says he can get out within 72 hours. Tell him you need a citation of the statute. He won't be able to give you one. It's not enough simply to "say" that you have a 72 hour right of rescission. The only way that he would have one is if the contract specifically gave him one. Otherwise, the contract is binding the second that it is signed and can't be rescinded.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Customer reply replied 1 month ago
Thank you, ***** ***** my confidence, would you be able to glance over the contract to make sure I am covered in that he cannot rescind that which was signed and agreed to (and had a witness sign too)?

I can't find anything in this contract about cancelling, rescinding, etc... the contract. As such I don't think this other person has any right to do so, and in any such situation HE has the obligation to prove that he has the right. The presumption is the contract is binding immediately, and anyone trying to avoid that has the burden to prove that he doesn't have to abide by the contract. So he has the burden of establishing what the statute is that allows this.

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Customer reply replied 1 month ago
Thank you so much for your help. Is there a way I can get a copy of this conversation such that I may provide proof that I spoke with an attorney with this information, just in case it turns sour?

You should be able to print it, or copy and paste into a word processing program.

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Customer reply replied 1 month ago
Awesome, thank you so much! I'll be sure to give you 5 stars!

You're welcome, and again, good luck to you!

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Can you see on your screen where you need to rate it? Note that you may need to press a "submit" button after clicking on the appropriate star rating. This is what I'm waiting on from you. Thanks!

ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,696
Experience: Licensed Texas General Practice Attorney
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Customer reply replied 1 month ago
Sorry, sorry, I was copying this as a PDF. It should be rated now.

It is. Thanks, ***** ***** good luck to you!

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Customer reply replied 1 month ago
Hello again! Sorry to bother you again, but I have a follow up question concerning this. I would like to provide the email that I received from the other party to make sure what they claim, even citing a Chris Gentry, is true pertaining to this rescission attempt. Would it be okay for me to provide that email for you to review and give your input on, granting what you have read of the contract and what you know of it so far?

Yes. Generally review is a different (additional premium matter) but I will review it for you.

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Customer reply replied 1 month ago
That is very kind of you, I greatly appreciate it. It is included, as well as my response so far, should that be pertinent.

Again, I am unaware of a 72 hour period that this can be rescinded, and I do think that it's a good idea to have this person cite the law that allows him/her to get out of the contract. I doubt that an attorney was contacted, and if so, that attorney probably doesn't deal with contracts generally speaking, or intellectual property contracts specifically. Furthermore, as far as the "sound mind" defense goes, that is ridiculous. The person literally would have to be incapable of making legal decisions (through dementia, amnesia, etc...) for it to stick. Simply having "raw" emotions is not enough (just ask any person who made an agreement in a divorce or custody mediation and yet had the agreement upheld). This person would have to show that he/she was actually incapable of making any decisions on behalf of himself/herself, and would have the obligation to prove that by medical testimony IF he/she were to bring up that defense in a breach of contract action.

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Customer reply replied 1 month ago
I was concerned about that statement, the "sound of mind" (which is why I did not address it in my response), but I am very glad to know that it cannot stick. I can't thank you enough for all of your help. This is whole sudden ordeal has caused me a great deal of stress, but your help has been a god-send. Thank you so much! I will definitely be sending you a bonus/tip through this site.

My pleasure, and thank you. And again, good luck to you!

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