Being forced to pay publisher

[Paul Schneiter]

I didn't intend for my statement re. the assailability of contracts to be of use to me. I simply wanted to point out that a contract is not axiomatically a beneficial instrument for either side of
a legal argument.

 

[Paul Schneiter]

I signed a contract to have a publisher publish my book. I also signed a contract to have the publisher market the book. When the book was published and announced to hundreds of outlets (bookstores, libraries, newspapers, etc.) it was found to contain an egregious error: five pages had been added at the end consisting of random text from the book proper. This was humiliating to me as an author.
I signed the marketing contract with the understanding that the book would be published just as shown in the final, press-ready proof. I maintain that the error invalidates the marketing contract or, at a minimum, mandates a substantial reduction in the marketing fees (nearly $8,000). The publisher has agreed to reprint the book at no charge to me; however, the damage to my reputation has already been done. Remember, the publisher announced the book and sent copies--with the error--to many outlets. Clearly, the publisher failed to exercise due diligence by not quality-checking the book before announcing it and distributing it. Do I have a case, at least for a reduction in fees?