Musical artist Cameron Jibril Thomaz, better known as
recently saw his breach
of contract case against It's My Party get dismissed. Mr. Thomaz had hired The Agency Group as his
booking agent for a new tour which would have included a concert at The Patriot
Center in Northern
Virginia. The Agency Group asked It's My Party Inc. (I.M.P.) to promote the
concert, and it represented to I.M.P. that Mr. Thomaz would soon release a new
album. The Agency Group emailed a contract to I.M.P. and asked I.M.P. to sign
and return it to The Agency Group for approval and signature by Mr. Thomaz. The
contract provided that it would not be binding unless signed by all parties.
The contract was never signed.
Mr. Thomaz' release of a new album was crucial to
I.M.P.'s interest in promoting the concert because it did not believe he could
attract a sufficient number of fans to warrant his appearance at the venue
without the support of a new album. I.M.P. asserted that the parties
tentatively agreed upon a date for the concert and the terms of I.M.P.'s
promotion of the concert, but it denied having committed to promote the
Mr. Thomaz argued that the parties entered into a
contract for him to perform a live concert and that he relied on I.M.P.'s
representations in turning down an opportunity to perform on the same date at a
different venue using a different promoter. According to Mr. Thomaz, I.M.P.
partially performed the contract by advertising, promoting and marketing the
concert. He also contends that he partially performed the contract but that
I.M.P. refused to pay him any money and canceled the concert after fans already
had purchased tickets. I.M.P. asserted that it declined to execute the contract
but agreed to reschedule the concert because Mr. Thomaz's album release was
delayed. The Agency Group and I.M.P. agreed to sell tickets to the concert
before finalizing the agreement, but as I.M.P. had predicted, sales tanked in
the absence of the album release. The parties were unable to come to mutually
agreeable terms, and I.M.P. ultimately cancelled the concert and withdrew its
offer to promote it. Mr. Thomaz sued I.M.P. for breach of contract and I.M.P.
moved to dismiss the complaint.
A party claiming breach of contract must establish that
the defendant owed a legally enforceable obligation. A contract can exist
despite the absence of a signature if the parties' actions suggest an intention
to form an agreement, but if the parties intend to sign a formal agreement and
do not, a presumption that no contract exists is created which is overcome only
with strong evidence.
Read the rest of the article
at the Virginia
Business Litigation Lawyer blog.
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