How Can I Terminate a Non-Circumvent Agreement Due to Breach?

Question from Sharif, How Can I Terminate a Non-Circumvent Agreement Due to Breach?

Answer from AI:

If you believe that the film broker has breached your non-circumvent agreement, you may have grounds to terminate the contract. Below, I will break down the actions you described and explain how they might constitute a breach of contract. Please note that this is general information, and you should consult with a legal professional for personalized advice.

Understanding Breach of Contract

A breach of contract occurs when one party fails to fulfill their obligations under the agreement. In your case, the actions of the film broker may constitute several breaches. Here are the key points you mentioned:

1. Signing an Agreement in Secret and Taking Money: If the broker signed an agreement with your investor without your consent and took $2000, this could be considered a breach of the non-circumvent clause, which typically prohibits such actions.
2. Attempting to Get Hired by Another Vendor: Trying to get hired by a second vendor without your knowledge could also be a breach, especially if it involves using your proprietary information or contacts.
3. Offering Investors to Another Vendor: Offering to bring your investors to another vendor if they hire her is a clear violation of the non-circumvent agreement, as it undermines your business interests.
4. Defamation: Making defamatory statements about you to vendors can harm your reputation and business relationships, potentially constituting a breach of the agreement’s good faith and fair dealing clause.
5. Refusal to Provide Contact Information: Not providing accurate contact information for investors and lying about it can be seen as a breach of transparency and honesty obligations under the agreement.
6. Dishonesty: Consistent lying and deceitful behavior can undermine the trust necessary for the agreement, potentially constituting a breach.
7. Abrasive and Aggressive Behavior: While abrasive behavior alone may not constitute a breach, it can contribute to a hostile working environment, which may be relevant if it affects the performance of the agreement.
8. Refusal to Allow Contact with Investors: Preventing you from contacting investors, especially after being paid $40,000, can be a significant breach of the agreement’s terms.
9. Refusal to Provide Receipts: Not providing receipts for expenses can be a breach of financial transparency obligations under the agreement.

Steps to Terminate the Agreement

If you believe the broker has breached the agreement, you may take the following steps:

1. Review the Agreement: Carefully review the non-circumvent agreement to understand the specific terms and conditions, including any clauses related to breach and termination.
2. Document the Breaches: Collect and document all evidence of the broker’s actions that constitute breaches of the agreement. This may include emails, contracts, and witness statements.
3. Send a Notice of Breach: Send a formal notice of breach to the broker, detailing the specific actions that constitute breaches and requesting a remedy or termination of the agreement. This notice should be in writing and follow any procedures outlined in the agreement.
4. Consult with a Legal Professional: Seek advice from a lawyer who specializes in contract law to ensure that you are taking the appropriate steps and to explore your legal options.
5. Consider Legal Action: If the broker does not remedy the breaches or if the situation escalates, you may need to consider legal action to terminate the agreement and seek damages.

Resources and Further Reading

For more information on contract law and breach of contract, you can refer to the following resources:

• Cornell Law School – Breach of Contract
• American Bar Association – Understanding Contract Breaches

Remember, this information is general in nature, and you should consult with a legal professional to get advice tailored to your specific situation.