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Can I sue a musician who broke a verbal contract to not perform elsewhere without my permission as a booker?

  • I run an events company and paid the travelling costs for a musician to come and perform in Cape Town. The contract he signed stipulated that he was not to perform anywhere else in Cape Town up until our scheduled event. We did however verbally agree that should he decide to perform anywhere else in Cape Town even after our event he would inform us and the other organizers would then be responsible for his return travelling arrangements/costs. The artist then went on to perform somewhere else and lied that he did not do so and we proceeded to pay for his return home. I want to know if i can sue him for the cost of the plane ticket i bought?

  • Answer:

    I'd be willing to bet that if the contract was well written there is a clause that says something along the lines of "no change in this agreement accept in writing". That is going to kill any verbal agreement you might have made. Even if that clause isn't there he's going to have a contract. You are going to have nothing.

shelleyb... at Yahoo! Answers Visit the source

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You can, but it might not hold up in court. Always get stuff like this in writing before buying plane ticket. "In writing" doesn't necessarily have to be a contract itself. It can be something as simple as a letter or an email or text that shows that they acknowledged the agreement the two of you had. Also, you may not be able to restrict his ability to perform elsewhere, depending upon if you have "right to work" laws in your area.

He did adhere to the terms of the written contract. That's all that counts in this business situation. The 'verbal' contract means nothing. And since the musicians 'extra' work, which he performed after the event that he contracted for, had nothing to do with the contract, it is unenforcable. You should have created an addendum to the original contract specifying the working terms and notifications that you required. Then, and only then, would the musician be in breach of contract. As it is now, nothing was violated and you got what you contracted for. And he got what he contracted for, including transportation.

Nope.......when you get into he said she said a verbal is nonexistent........sorry..........if it ain't written it ain't enforceable........

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