Consumer Law, Warranties Am I obligated to a contract when I cannot get hold of the other party involved

[FloridaLady]

Hello:

I signed a contract with someone who put an ad on CraigsList advertising for writers to post an ebook online. This person is from Canada, and he sent me a contract, which I signed and (he later signed) stating I would write an ebook and he would post it online. I was to receive compensation every time someone read it on line, and I was to be bound to the contract for at least 2 years until the end of that period, and I could then do with my ebook as I wished.

He told me I could take as long as I wanted to finish the project. I finally got it done (a little over a year later) and when I emailed him, the email address was no longer good, nor was the site name he had given me I had his mailing address in Canada and wrote him asking him to email me with a new email address if he had it and I would send him the ebook.

My question is, am I obligated under the contract since I cannot locate him nor has he responded.

I wish to put this ebook online as a blog or some other method, and I want to make sure I am free of the signed contract, when I have not heard back from him.

Thanks

 

[presutin]

My question is, am I obligated under the contract since I cannot locate him nor has he responded

Take a look at the copy of your contract (I hope you have one) to see where the jurisdiction falls (Canada or U.S.) and see if there is a expiration date attached to such a contract or written on any clauses. Hope this helps!

 

[FloridaLady]

Hello and thank you for your response. I reread the contract, and it basically says they have full rights to my ebook for three years from the date of final approval. The contract agreement says "Windsor, Ontario NBY 2G3."

Since I can't send this anywhere (no email or mailing address responding), then am I still liable under the contract?

He has made it impossible for me to finish my task.

Thanks.

 

[presutin]

I am not familiar with Canadian law so I suggest that you consult with an attorney since you could be potentially losing revenue on the ebook you have written due to this contract. Hope this helps!

 

[dee_dub]

In Canadian law, if both parties to a contract share a common mistaken assumption fundamental to the contract, the contract is voidable. Looks like you and the other party shared a common fundamental mistaken assumption that his contact information would remain the same. How is this ebook supposed to be posted online? Presumably you need to send it to him somehow. If you can't send it to him because his address is no longer good, and you've taken steps in good faith to try to locate him, it is impossible for you to send him the book and impossible for you to get the benefit of the contract that you were promised, i.e. payment from online views. You can treat the contract as terminated.