Q: Can a company enforce a contract, even if they don't have any documentation of it?
I chose a publishing company that I heard a lot about. When we first started, I had signed a contract, that stated after seven (7) years, the company could renegotiate the contract. They had sent me a copy, however after about five years and a fire, I lost my copy of the contract. I contacted the company, and asked them numerous times to send me a copy of the contract, and would even pay for a copy of the contract. I kept getting the run around. I kept hearing "we have one on our servers" All the way to "they're all the same general contracts".
Recently I received a mail about how they were planning on cancelling my book and stop publishing/producing it. I asked to see the contract to see where they could do that. I was once again given the run around, told that they're all general and its included in all of them, besides my contract is over seven years old and they may not be able to find it. I asked them how they could enforce a contract that they do not have.
A: Ultimately, the fact that the contract cannot be produced may be problematic for the company. It is likely that this will only be sorted out in litigation. So, if they cancel your contract and you believe you have rights under the contract, you are going to have to pursue litigation. If the contract is truly lost, then it will become a question of proving the terms of that contract. That may not be possible for the company.
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