Legal Question in Civil Litigation in California

Is it a broken contract?

A friend and I committed to a trip which would have taken us to Florida then to Louisiana. Non-cancelable hotel reservations were made for our Florida stay, the cost of which was in the amount of $1050 and which was billed to my Master Card. My friend cancelled out of the trip due to paid work being offered to her. She repaid her half of the $1050 ($525) to me but now I am out my half my of $525 with nothing to show for it. Can I assume the plans we entered into was a contract between us and that her cancelling out to her monetary benefit and to my loss is her breaking that contract? Would I have a chance to recoup my $525 from her in Small Claims court?


Asked on 10/20/08, 9:02 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Is it a broken contract?

I've never heard of hotel reservations that couldn't be cancelled, so I question whether you really couldn't get a refund. You could have gone on the trip anyway and she did pay for her contribution to the hotel bill. I doubt a small claims judge would award you anything more than what you received. I would instead focus on disputing the cancellation policy with the hotel.

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Answered on 10/20/08, 9:15 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Is it a broken contract?

Your question is too vague about who agreed to what and under what terms. Without that information it is not possible to say whether you had a contract, whether your friend breached it, or what your remedies might be.

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Answered on 10/20/08, 9:24 pm


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