Performance. Zilg is author of DuPont: Behind the Nylon Curtain, a historical account of the DuPont family in America's social, political, and economic affairs. Prentice-Hall, Inc, signed Zilg to a contract to publish the book exclusively. There was no provision to have Prentice-Hall use its best efforts to promote the book; rather, it was left up to the publisher to use its discretion as to the number of volumes printed and the level of promotion. Prentice-Hall had originally planned a first printing of 15,000 copies and an advertising budget of 15,000 for the book. Later, having had second thoughts about the sales potential of the book, Prentice-Hall decided to do a first printing of only 10,000 copies and to reduce the amount it had allocated for advertising. In all, Prentice-Hall published a total of 13,000 volumes (3,000 beyond the sales volume at which it received the highest royalties), authorized an advertising budget of 5,500, distributed over 600 copies to reviewers, and purchased ads in major newspapers. Zilg later claimed that the reductions in the number of volumes printed and in the advertising budget were evidence that Prentice-Hall had not made a best effort to fully promote the book. Prentice-Hall claimed that its reduction came after careful review and was based on sound and valid business decisions. Based on these facts only, discuss whether Prentice-Hall has fulfilled its contractual duty to Zilg.
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