Legal Question in Business Law in Florida

On July 23, 2010, my sons planned a surprise 70th birthday party for me, however I was rushed to the hospital thinking a stroke was happening to me. The party was scheduled for 11:30AM 7/23, but I was in the emergency room at that time, so my sons cancelled the party, it was for 20 people. Now the restaurant/catering hall charged their credit card for $800.00, which was the cost of the party.

It turned out that I had a severe case of Vertigo and couldn't stand up. They will only give my kids back $400.00 and they are keeping they rest of the money. Is there any recourse here, the contract did state a cancellation cause in it. Can you help me? Thank you I can be reached at [email protected]


Asked on 8/03/10, 9:18 am

2 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Any attorney will say the cancellation clause will most likely prevail, if challenged. Your best course is to negotiate with the restaurant for more of a refund - or lacking that, a credit you and your family members can use at their restaurant. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 8/08/10, 9:47 am
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Murphy. While I sympathize with your sons, I also sympathize with the caterer. After all, they lived up to their end of the deal. That your sons had a good reason for canceling the party does not change the fact that they canceled it.

I don't know exactly what the contract said, but my guess is that the company could keep the entire $800 if it wanted to. If that is the case, it is being very fair by offering to give back half the money. After all, the company had most likely incurred all of the costs of the event before learning it had been canceled.

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Answered on 8/08/10, 5:58 pm


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