Breach of Contract

[GraySQ]

I run a small business that produces software.. A few months ago I had one of my friends sign a confidentiality agreement so he could view and help me with a product. After I gave him the source code for the product, he told me he wanted out of the agreement. So, I requested that he destroy the source code and give me a written confirmation that he had done so, as specified in the agreement. In the agreement it stated he must return the written proof in 10 days, it has now been nearly a month, I have repeatedly reminded him. I also sent him an agreement that would nullify the previous agreement. The first agreement was legally notarized, and the request and second agreement to nullify the first agreement was sent via U.S. Postal Mail 1st Class. I fear he may have done the worst and distributed the source code, also violating the agreement.

I would like any help or advice you could give me about the matter and how to obtain the written confirmation and the signed copy of the second agreement. I run a small business and I dont have sufficient funding to pay large attourney fees that would be required to proscecute him.

Thank you in advance for your help,
~Gray

 

[I AM ALWAYS LIABLE]

I run a small business that produces software.. A few months ago I had one of my friends sign a confidentiality agreement so he could view and help me with a product. After I gave him the source code for the product, he told me he wanted out of the agreement. So, I requested that he destroy the source code and give me a written confirmation that he had done so, as specified in the agreement. In the agreement it stated he must return the written proof in 10 days, it has now been nearly a month, I have repeatedly reminded him. I also sent him an agreement that would nullify the previous agreement. The first agreement was legally notarized, and the request and second agreement to nullify the first agreement was sent via U.S. Postal Mail 1st Class. I fear he may have done the worst and distributed the source code, also violating the agreement.

I would like any help or advice you could give me about the matter and how to obtain the written confirmation and the signed copy of the second agreement. I run a small business and I dont have sufficient funding to pay large attourney fees that would be required to proscecute him.

Thank you in advance for your help,
~Gray

My response:

Unless you have proof that he has distributed the "source code", then you don't need a "big attorney". Most good lawyers are 6 feet tall or under and weigh less than 200 pounds anyway. Unless the source code has been distributed, you have a good lawsuit for Breach of Contract and Injunction. But, the question then becomes one of damages. How have you been harmed? Therefore, I don't foresee any money coming from this, but surely you'll prevail on the injunction to permanently enjoin him from distributing the source code.

It won't cost you much, if anything at all, to obtain a consultation with a "contracts" attorney in your neck of the woods. Get one on Monday.

IAAL