Legal Question in Business Law in California
Breach of Contract - Fraud?
I invested $7,500 into an entertainment event (concert) with a production company. The money was used to pay for the artist's deposit. The artist did not appear and did not refund the money back to the production company. The contract states that I will not go for damages against the production company if the event is rendered impossible outside of their control.
Do I have a case to go against them for the $7,500?
3 Answers from Attorneys
Re: Breach of Contract - Fraud?
Sorry you had this misfortune. Neither I, nor any other lawyer, can answer your question without reading the contract. My best guess is, you would sue both the artist and the production company and let the court sort out the issue of whether the event was "rendered impossible outside of their control."
Re: Breach of Contract - Fraud?
There isn't sufficient information contained in your question to give you an answer. An attorney can look at the artist's contract, your agreement with the company and other available documentation and provide an analysis. For instance, are you entitled to recover more than $7,500 based on the fact that there were obviously anticipated revenues beyond what the company actually paid the artist? $7,500 is small claims, but you may have a larger case. There is no way to know what your legal rights and remedies may be without further information.
Re: Breach of Contract - Fraud?
You've got nothing to lose by bringing a small claims action against the company and artist.