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SA Band CD Printing and Payment Dispute

Discussion in 'Debt and Bankruptcy Law Forum' started by Martin, 20 September 2014.

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  1. Martin

    Martin Active Member

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    Greetings.

    Approximately 6 months ago I had sent my old bands CD artwork into a disc printing organisation. They printed the CD's, artwork and cases. Weeks later, things had changed between the band and we had decided to call it quits - also deciding to not bother with the CD's.

    Since I was the person communicating with the company, they are now hassling me about the payments, however I'm unsure if I even have to pay them since they printed the CD's without me signing anything or making any payments. Now they are threatening me with legal action and I'm not too sophisticated in that area so I was hoping for some help! If you need me to be a little more elaborate in some areas, just ask.

    Regards.
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Martin,

    Yes, you will need to pay for them. Then, you should get your other band mates to indemnify you for the costs.

    Even if you did not sign a written contract, you made an oral contract to pay and therefore, will be in breach of an oral term. Second, under equity, you have been unjustly enriched through the provision of services and goods and need to therefore, compensate the company and make good the unjust enrichment. They will also have claims under estoppel and oral contract part performance.
     
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  3. Martin

    Martin Active Member

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  4. Martin

    Martin Active Member

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    By the way, all of this was done via email and they are now asking me to sign a form, is this still an oral contract?
     
  5. Martin

    Martin Active Member

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    I personally think it would have made more sense for the organisation to wait for me to send them the master disc and payments before carrying out the printing. But oh well.
     
  6. Sarah J

    Sarah J Well-Known Member

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    Hi Martin,

    If an offer and acceptance is made via email, then yes, this constitutes a written contract. It may also be a partly written partly oral contract. Remember, there may also be implied terms in the contract and representations made to the other side.

    Either way, this is a pretty clear case and you will need to pay the amount due.
     
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  7. Martin

    Martin Active Member

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    Thank you
     
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  8. Tim W

    Tim W Lawyer
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    You can contract orally, or by email, certainly.
    And in this case, you almost certainly have.
    I agree that you have to pay them, and that you should seek
    to recover some part of the cost from the band members
    (assuming, of course, that you can show that the band members agreed to the work in the first place).
     
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  9. Martin

    Martin Active Member

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  10. Martin

    Martin Active Member

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    Just wondering, what's the purpose of writing a signature on a contract if it isn't actually required to activate the contract?
     
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