Legal Question in Business Law in California
Contract Dispute
I had a contract in place for use of a hall for my wedding which was to take place on Aug. 07 1999 (The contract had been in place for over a year). The person who leases the hall called me to inform me on June 21 1999 that she had lost her lease and that I was no longer able to use the hall. I told her that I just wanted my money back and that I did not want to use her hall, also that I wanted to be compensated for findidng another hall we had a verbal monetary agreement in place but then she told methat i could use her hall after I had made other arangements. She now refuses to refund my money
2 Answers from Attorneys
Re: Contract Dispute
If she broke the contract she owes you the rent that
you paid her for the hall since she made the representaions
that the hall was no longer available.
Re: Contract Dispute
When the owner informed you that her hall was not available she breached your contract, entitling you to a refund of your payment. You were perfectly entitled to make other arrangements after she cancelled, and she cannot hold you to the deal that she herself abrogated.
The funds you have spent on your search for a new venue may or may not be recoverable. This type of loss is what is known as "consequential damages," and is generally not available unless the breaching party knew you would have to incur such costs as a result of the breach. In most contract cases such a showing is impossible, but I think most people would expect such costs in this instance. As long as your claims are reasonable, you will have a good chance of recovering.
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