Legal Question in Consumer Law in California

Wedding Cake

I made a wedding cake for a friend on the way to the wedding I was rear- ended and the cake became un-presentable but not un-ediable. She signed a contract that stated the deposit of 50% of the total was non-refundable. She now wants 50% of the total plus 150$ for the cakes her bridal party purchased. What are my rights? And is it safe to say that she is not entitaled to the deposit as the contract does state its non-refundable?


Asked on 10/18/07, 6:58 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Wedding Cake

The bride is right. Pay her. Sue the person that rear-ended you for the costs involved, plus your injuries if you had injuries.

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Answered on 10/18/07, 6:59 pm
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: Wedding Cake

I don't think that's safe to say at all. Of course, without reviewing the contract, no one can say for sure, but she put a deposit down for the delivery of a wedding cake. You didn't deliver a cake that any reasonable bride would accept, so you should refund her deposit. I don't see why you should also pay for her other cakes, though - she shouldn't have to pay twice for cakes, but she isn't entitled to any free cakes, either. Your recourse is against the other driver, not the bride.

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Answered on 10/18/07, 10:39 pm
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Wedding Cake

There aren't sufficient facts to give a good legal answer, but it seems clear that she is entitled to something.

On a different note, since she is your "friend" and this day was one of the most important in her life, wouldn't it be honorable to return whatever she's asking for with a note of apology?

Sometimes our legal rights should yield to our ethical duties.

Good luck.

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Answered on 10/19/07, 8:48 am


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