QUESTION
How does the company I work for get out of a marketing contract that has been breached by the marketing company we are working with
Asked on Apr 03rd, 2021 on Breach of Contract - Hawaii
More details to this question:
Hi There, I work for a small company that recently hired a large marketing firm to help us with our marketing. Very soon after signing a contract with them it became clear that they were giving us the run around and they have continued to not deliver on what was promised to us. Not only that but the CEO of the company - an international company - has been incredibly combative towards our company's female owner. He has gone so far as to call her "Nasty" "disrespectful" and "combative" when she has merely expressed concern that they are not delivering what they have promised. This type of atmosphere began with the kickoff meeting. With them treating us this way, we are of course, incredibly uncomfortable with them having access to our website and other information. Could this be grounds for breaking our contract with them. I can certainly provide more information, screen shots, notes, etc. if needed. Thank you! - Anna
1 ANSWER
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There is likely a provision in your contract that discusses how to terminate the agreement and what notice is required to terminate and what constitutes a breach of agreement. If you cannot find any specific clause in the contract that the other side has breached, then termination may be premature. But you say they have failed to live up to their agreement so that is a default or breach of agreement. Any material breach of agreement is a default and will be considered sufficient grounds for early termination of the agreement in most cases so long as you communicate with the other side, notify them in writing of the breach, and provide them with a reasonable opportunity to cure the breach. Even if the agreement does not clearly state it, all agreement have an implied covenant of good faith and fair dealing. To the extent the abusive behavior of a party of the agreement may be considered a lack of good faith and fair dealing it may also be used as ground for termination of the agreement.
Answered on Apr 14th, 2021 at 2:42 PM