Here, you can download a similar petition to that which was used in a 2020 case against marketing company for promising revenue levels to law firm and failing to deliver.
If you are a marketing company, you should carefully review this lawsuit and set up your business model and contract so that it is made clear that liability cannot be asserted against you for making revenue PPC goals with your clients.
What kind of liability can a marketing company incur? This petition is a perfect example of the types of liability a company could face in 2020.
Marketing Company INC. promised Law Offices 110,000 in Pay Per Click Revenue. When Law Firm agreed, they paid, but then asked for their money back when revenue did not reach levels as promised.
LIST OF CAUSES OF ACTION AGAINST DIGITAL MARKETING COMPANY
Breach of Contract Example Language
A valid and enforceable contract was created between the parties in which WEB DESIGN, LLC agreed to provide certain services and results. In consideration for those services and results to be provided by WEB DESIGN, LLC, LAW OFFICE agreed to pay for the value of the services and results. LAW OFFICE completely performed its obligation under the By WEB DESIGN, LLC’s acts and omissions, it breached its obligations under the contract by failing to fulfill certain promises made. As a result of WEB DESIGN, LLC’s breach, LAW OFFICE has suffered damages, including actual damages and consequential
Fraudulent Inducement Template Language
In order to induce LAW OFFICE into agreeing to contract, WEB DESIGN, LLC made material misrepresentations that did not accurately reflect the terms of that contract which WEB DESIGN, LLC either knew at the time were false and/or lacked knowledge of their WEB DESIGN, LLC intended and LAW OFFICE did rely on these misrepresentations. LAW OFFICE’s reliance on these misrepresentations has resulted in damages to LAW OFFICE. Had LAW OFFICE known the true nature of WEB DESIGN, LLC’s misrepresentations, it would not have entered into the contract.
Quantum Meruit Template Language
LAW OFFICE provided valuable compensation for the services that were to be provided by WEB DESIGN, LLC. WEB DESIGN, LLC fully accepted the compensation provided to it by LAW OFFICE. WEB DESIGN, LLC was aware that LAW OFFICE reasonably expected certain services and results in exchange for the compensation provided, the benefit of which LAW OFFICE did not receive, while WEB DESIGN, LLC enjoyed the benefit of the compensation
Promissory Estoppel Template Language
The foregoing paragraphs are incorporated by reference herein and plead in the alternative as needed.WEB DESIGN, LLC made promises to LAW OFFICE that its tactics would “optimize” the Campaign and would yield an average of $110,000.00 per month in retainer revenue. LAW OFFICE relied on these promises to its detriment and continued to pay for WEB DESIGN, LLC’s services, expecting the assured LAW OFFICE’s reliance on WEB DESIGN, LLC’s promises was foreseeable, especially considering WEB DESIGN, LLC had told LAW OFFICE the goal of $110,000.00 had been lowered from $125,000.00, leading LAW OFFICE to believe $110,000 average monthly retainer revenues was more than attainable. Injustice can only be avoided by enforcing WEB DESIGN, LLC’s promises to LAW OFFICE.