Legal Question in Business Law in California
Cancelling international internet based contract
I hired a wedding planning company
in Italy that is a ''franchise'' per-se of
a US company based in Wyoming to
make arrangements for me. They
have been very difficult to deal with
and have not performed to my
expectations to the extent that I
have been forced to do most of the
planning myself. I gave them a 50%
deposit and am wondering if I'm
opening myself up to any legal
liability by cancelling the services
with them and not paying them the
remainder. Please note that its still
over 3 months before the actual
wedding date. To date all they have
done is booked the wedding location
and given me the run-around with
tons of email correpsondance. I
have a copy of the contract which is
only a couple of pages for review
should you be willing to respond to
this. This contract was never signed
merely agreed too via radio button
on the internet. Thanks in advance
for any advice!
2 Answers from Attorneys
Re: Cancelling international internet based contract
Button signatures are being enforced by the US courts. Our CA attorney can go over the contract and give you a legal opinion on your rights under the contract and whether you can terminate it now.
Re: Cancelling international internet based contract
I think the first questions that need to be answered are where would the contract be enforced (i.e., what court or court system could accept and try a lawsuit, if one were filed), and what law would be applied. The possibilities seem to be Wyoming, Italy and California. Some contracts (and most professionally-written ones) cover these subjects of jurisdiction and applicable law. If not, there is a body of law by which jurisdiction and applicable law are determined. If you sent the deposit to Italy, I think that's where you would have to sue to recover it. On the other hand, I'm less sure who can sue you, and where, for the balance due. To a large extent, the likelihood of a suit will depend upon jurisdiction and the amount involved. Intercontinental lawsuits are expensive. A full answer to your question would require a fair amount of research and thought.
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