Advise on my contract

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soheil_hooshdaran
Posts: 3148
Joined: Tue Nov 05, 2013 5:24 pm

Advise on my contract

Post by soheil_hooshdaran » Wed Dec 17, 2014 1:33 pm

Hello.
I face 2 problems:
1)We (me and the managing director of the Everyman chess publication) have exchanged several e-mails and set the payment out on 10% of all sold copies in a year; but the contract has clauses saying the payment should be some other way.

2)Clause 9 of the contract reads:
"
This Agreement shall be deemed to be a contract made in England and shall be construed in
all respects in accordance with English law, and the parties hereto submit and agree to submit to the
jurisdiction of the English courts.
"
How can I abide by English law when I don't know what it is?

I am seeking advise here.

Ian Thompson
Posts: 3559
Joined: Wed Jul 02, 2008 4:31 pm
Location: Awbridge, Hampshire

Re: Advise on my contract

Post by Ian Thompson » Wed Dec 17, 2014 6:40 pm

soheil_hooshdaran wrote:2)Clause 9 of the contract reads:
"
This Agreement shall be deemed to be a contract made in England and shall be construed in
all respects in accordance with English law, and the parties hereto submit and agree to submit to the
jurisdiction of the English courts.
"
How can I abide by English law when I don't know what it is?
What law did you expect to apply to a contract with an English publisher? Did you think the publisher would be willing to submit to Iranian law, which it almost certainly has no knowledge of?

The practical effect of the clause is that if you had a dispute with the publisher and decided to take legal action against them you would have to do so in England. If you don't like that then don't sign the contract, although I would think that any publisher would require the contract to be subject to the laws of their own country, so your only option is likely to be an Iranian publisher.

soheil_hooshdaran
Posts: 3148
Joined: Tue Nov 05, 2013 5:24 pm

Re: Advise on my contract

Post by soheil_hooshdaran » Wed Dec 17, 2014 7:28 pm

Ian Thompson wrote:
soheil_hooshdaran wrote:2)Clause 9 of the contract reads:
"
This Agreement shall be deemed to be a contract made in England and shall be construed in
all respects in accordance with English law, and the parties hereto submit and agree to submit to the
jurisdiction of the English courts.
"
How can I abide by English law when I don't know what it is?
What law did you expect to apply to a contract with an English publisher? Did you think the publisher would be willing to submit to Iranian law, which it almost certainly has no knowledge of?

The practical effect of the clause is that if you had a dispute with the publisher and decided to take legal action against them you would have to do so in England. If you don't like that then don't sign the contract, although I would think that any publisher would require the contract to be subject to the laws of their own country, so your only option is likely to be an Iranian publisher.
Iranian publisher who has publish a work in English?
I have translated the work which is Everyman's