Quote:
Originally Posted by Ninjalawyer
As a fun aside, I'd just like to point out that in contract law, the failure of one party to perform doesn't necessarily relieve the other from its obligation to perform. There's exceptions (fundamental breach or frustration as an e.g., if you're into that sort of thing). So in your example, the publisher may still have to pay whomever it agreed to pay, even though it can't get what it bargained for; the publisher's remedy would be to sue for damages in breach of contract.
This doesn't have anything to do with your argument, but I did spend 10 minutes thinking about your example (and almost reached for a contracts textbook), so felt compelled to post.
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Oh ok.. but I bet there will be a clause in any contract a publisher would be willing to sign with a stipulation like that.
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Bill