Question
Professor Best, an assistant professor at a state university, made a contract with Engineering Books, Incorporated, a publisher of engineering texts. The contract provided that Best would supply a manuscript dealing with a research project she had conducted. The project dealt with an analysis of disputes that resulted in the course of building facilities for wastewater treatment. Best was to receive ten complimentary copies and 15 percent of all revenues received by the publisher attributable to the book.
Best finished the manuscript and submitted it to the publisher. The publisher decided that the manuscript, although of a quality that could be considered publishable, would not be published, because the publisher did not believe that the cost could be recovered.
When Professor Best was thus notified by the publisher, she was enraged, because failure of the manuscript to be published would have a significantly adverse effect on her chances for tenure in her department. She has also hoped that publication of the manuscript would result in her receiving consultation fees and invitations to conferences, and had thought the book would earn substantial royalties. She had not published any other books.
Professor Best contacted some other potential publishers, who, when the heard the book had been rejected despite the contract to publish, were likewise cool about publishing it. She may be able to get the book published and marketed if she pays a publisher for these services. Professor Best does not believe she can establish with any certainty that her progress as a professor will be impeded, but she is reasonably certain that her career has suffered a setback. She had asked a number of colleagues if they would review the book. If the book is not published, she feels she will suffer a diminution of respect in their eyes. She spent approximately a hundred hours lining up potential reviewers – time she could have used in developing her consulting business.
What remedies might she seek? What remedy or remedies do you believe a court would award her?
Need help in analysing the question and my reference book is Legal Aspects of Engineering/Architecture and The Construction Process 9th edition.