Last November I sold a short story to an online fiction magazine. The story was published in their Fall/ Winter issue. They sent me a contract, which I signed, and sent back to them. I never received the payment that was promised. I emailed them about the status of my payment and they wrote back and never even addressed the fact that I hadn't been paid. They simply said that the magazine was closing down, thanks for my business, et cetera. However, the contract was signed and the story was published in their last issue. Have they or haven't they behaved truthfully and what should I do?
2007-03-29 05:21:10 · 3 answers · asked by Blackadder 2 in Politics & Government ➔ Law & Ethics
In all honesty, I'm only owed five dollars from the magazine. But it's the principle of the thing that bothers me. It's very dishonest.
2007-03-29 05:29:58 · update #1
They do owe you the money and it IS breach of contract. HOWEVER, they will get away with not paying you by simply closing down. It happens every day, and I am sorry for you.
2007-03-29 05:29:46 · answer #1 · answered by LaDonnaMarie 3 · 0⤊ 0⤋
Failure to pay is a breach of contract, and grounds for a civil lawsuit to recover the money owed to you.
However, if they are a corporation, and are going out of business then there is nobody left to sue. So, if you are going to sue, you need to do it before the corporation dissolves.
2007-03-29 05:25:07 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
you're able to be waiting to tutor your damages, as an occasion in case you traveled to pass to the valuables or meet with the shoppers you are able to desire to ask to your commute expenses as damages. maximum real property agreements have a finance contingency fact in the progression the shopper does no longer shelter financing. You greater smart examine they are able to no longer get out decrease than that section of the settlement. once you element in the fee of an criminal expert you will want, the failure of your real property agent to completely look at the shoppers declare, your failure to completely look at the shoppers' declare. you will do greater smart doing a Obama and Congress compromise. on no account sell a property to somebody who does no longer have the credit and is waiting for some variety of settlement, for my section if your agent counseled you to settle for that settlement it grew to become into unfavourable recommend and while this is throughout hearth your agent. It feels like the valuables may be challenging to sell, why else would you're taking this variety of threat.
2016-12-19 16:10:58 · answer #3 · answered by ? 4 · 0⤊ 0⤋