My dad gave my expired phone contract to my brother so he could get a new phone?

We both need new phones, the front screens on both are broken and the battery dies in 30 minutes +/- when not used. so i was at work for 5 hours a few days ago and my dad took my brother out and bought a new phone for him. But, his contract hadnt expired. mine had. os to get a free phone for my brother he used my contract. Now my phone is broken and it can only be used for like 3 calls. can i like cancel him using my contract or something. i need my phone.