Problem
Quicksand Publishing Company (QPC) offered Rikki Rokstarr (RR) an upfront payment of $1 million plus a 19.42% royalty per book sold in exchange for RR to write his memoirs, give QPC the exclusive right to publish, promote and distribute the book, and to hand sign 1942 copies of the the book. QPC planned to sell the 1942 hand signed copies of the book for $699 apiece.
Order Form for "Aligned with Rikki Rokstarr"
In consideration of the payment of $699 by the Purchaser, Quicksand Publishing Company promises to deliver a hand signed copy of Aligned with Rikki Rokstarr, the exclusive hand signed memoir written and signed by Rikki Rokstarr. Rikki who recently turned 80, gives the definitive look at his award winning musical and writing career spanning over 60 years. Don't miss out on the exclusive offer today because once the hand signed copies are sold out no more will be available. No refunds or exchanges are allowed.
Seller: by Quinton Quicksand, President
Quicksand Publishing Company
Buyer: __________(sign here)
________( print name)
QPC sent RR 1942 copies of his book for him to hand signed so that they could be shipped out to the 1942 customers who bought the exclusive hand signed book. RR decided to practice his signature before he started to autograph the books. His manager had given RR an auto-signing machine about 9 months ago when RR suffered a bout of carpal tunnel syndrome. During the signature practice RR's wrist hurt so badly that he decided to use the auto-signing machine. RR completed the auto-signing of all 1942 books and returned them to QPC who then shipped them to the buyers.
Billy Buyer (BB) bought three of the numbered and signed book with RR's signature. He noticed that the signatures were identical so he compared it to a fan picture of RR and it was the same signature. Suspecting that it was not hand signed, BB contacted QPC to complain and request a refund.
What causes of action do the parties have against each other? What defenses could be asserted by the parties?