contract-law
Terminating contract before book is published
<p>My situation is as follows:
I signed a contract with a book publisher to write a book.</p>

<p>The problem is now I wish to terminate the contract early. I have not received any money from the publisher yet. The editing process has just started, they started editing one chapter (out of 10).</p>

<p>Normally in this kind of case, will I be required to pay any damages? I am ok with giving up the rights to my work to the publisher. (It is a children's workbook), however if possible I would like to avoid paying any damages.</p>

<p>Thanks for help.</p>

<h1>Short Answer</h1>

<blockquote>
  <p>To successfully exit your contract, you need to do two things.</p>
  
  <ol>
  <li><strong>Read the contract</strong> to understand your position.</li>
  <li><strong>Negotiate with your counterparty</strong> to achieve an exit.</li>
  </ol>
</blockquote>

<h2>Explanation</h2>

<h3>Step 1. Read the contract.</h3>

<p>The contract might or might not address this specific situation. Before you approach your counterparty make sure you have a thorough understanding of what the contract stipulates your relative positions are. If the contract doesn't address it, then you need to become familiar with the common law in this situation and whether or not your counterparty will have a claim to be reimbursed for any expenses they might have incurred so far.</p>

<h3>Step 2. Negotiate with your counterparty.</h3>

<p>After you understand your legal position, figure out what is a reasonable range of outcomes for both parties. And look at the situation from their point of view. For example, if they spent money based on assurances you made in the contract, you might conclude they are due to be reimbursed that money. Then the question becomes how much more would they be due. If nothing, then fine. You might want to open the negotiations with that offer.</p>

<h3>Also: Study common industry practice</h3>

<p>Also, you should become familiar with how these matters are commonly dealt with in the publishing industry. Ask around. Read some articles. <a href="http://www.giyf.com" rel="nofollow">Do some GIYF research</a>. Maybe get a publishing attorney's advice. This should all help you understand what a reasonable range of outcomes might be in this situation. Then negotiate.</p>
