⚡ Legal Issues

Breach of Contract Material Breach Damages

📋 Case Facts

  • Influencer was paid $5,000 upfront.
  • Contract required 3 Instagram posts.
  • Influencer posted only 2 posts.
  • One post contained negative comments about the product.

👥 Witnesses

👤
Brand Representative Plaintiff
Plaintiff/Prosecution

Statement

We paid for promotion, not criticism. She bashed the product to her million followers and didn't even finish all the posts. We want our money back plus damages for the negative publicity.

Key Facts to Establish

  • Contract was clear
  • Payment made in full
  • Negative post hurt sales

Potential Weaknesses

  • May have been too controlling
  • No damage proof
👤
Influencer Defendant
Defense

Statement

The product broke after one use! I have to be honest with my fans—that's my brand. I posted twice. They can keep some money for my time, but I'm not a fraud.

Key Facts to Establish

  • Product defective
  • Honesty to audience
  • Partial performance

Potential Weaknesses

  • Took the money
  • Did not complete 3 posts
  • Contract had no "honesty" clause

📜 Jury Instructions

The jury must decide:

  • Was there a material breach of the contract by the influencer?
  • What damages, if any, should be awarded to the Brand?
  • Does the product being defective excuse the influencer's breach?