What to do if I have an 6 month ad contract with a magazine and it clearly states that my ad will appear in the first 5 pages but it hasn’t?

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What to do if I have an 6 month ad contract with a magazine and it clearly states that my ad will appear in the first 5 pages but it hasn’t?

The exact wording of the contract is “must place ad within the first 5 pages of magazine each month”. This month is my forth month and they did not run my ad in the first 5 pages which means they are clearly in default of the contract. My question are does this mean they are in default for the entire 6 months and should refund all my money? Or would it be interpreted as default for one month only? Since they have defaulted on the contract am I obligated for the remaining months of the contract?

Asked on July 4, 2013 under Business Law, Oklahoma

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

We are taught in law school that what courts are always trying to determine is what is reasonable.  Here, it would not be reasonable for you to expect all your money back because the magazine screwed up one month and put your ad on page 6.  The more reasonable resolution would be for you to complain to the magazine, and the magazine agree to give you a seventh month of advertising for free.  Tehnically, under contract law, you would be within your rights to declare the contract breached, not pay for month four and walk away from months five and six.  If instead, you continue to perform under the contract, it will be viewed as a waiver of the breach.  If you are looking for a way out of the contract, declare it breached and tell them not to bother running your ad in months five and six.  The magazine will likely offer you a screaming deal to appease you, but you do not have to take it.


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