It is amazing how convoluted breach of contract law can be. I have worked with many breach of contract clients, and it seems like very few of them actually take the time to draw up a legal contract. Even if they do do it, there will often be many holes in the contract that they write. Add to this the fact that contract law is a difficult, hairy, and obtuse area, and you get the mess that terms of contract cases can be.
For example, I have a client who recently was sued for employment breach of contract. He was working for a history museum that did outreach education programs. While he was working there, he came up with his own programs which were similar to the ones that the museum did. The only difference was that he offered them a lower cost with newer, better materials – as well as changing the scripts slightly. He did not sign an exclusivity agreement, but nevertheless the question arose: was he in breach of contract? Resolving this breach of contracts case was extremely complicated. In some ways, I miss my old days as a DUI lawyer. Back then, you see, I didn't have to deal with things like breaches of contract where there were many social levels to the laws. In this particular case, whether or not the contract was breached dependent on whether or not he did any of the work for his new program while at work in the museum. If he did and was working on company time, he was definitely in breach of contract. Otherwise, he was not.
The business contract that he had signed, you see, was so vague that none of these issues were easy to solve. On the contrary, they were next to impossible to unravel. Right now, this particular breach of contract case has been going on for about 4 months, and it looks like there are another 4 months left to go. Although it looks like we have a little bit of an edge, it is very hard to figure out just how it is going to end. Personally, if I were the judge I would rule against him, but as his attorney I hope that the judge sees things differently. After all, at this point he has had to pay so much money in legal fees that he has more than paid his dues.
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