Legal Question in Business Law in Maine

Bride wants money back from wedding cake

My son is a world class pastry chef (www.grandefinalecakes.com)and took on a cake for a bride with 48 hours notice because her ''cake lady'' fell through. The wedding reception was being held at an inn. He was not told that the bride's cake was part of the inn's package and he made the cake she requested, which was larger than she needed. The cake cost more than was allowed in the package price. Long story short, the bride now wants $400 back. The inn owner wants nothing to do with reimbursing the bride and is making false accusations about the cake to get himself off the hook and the ''cake lady'' is also pointing to my son for the money. The bride raved about the quality of the cake after the wedding and is now changing her story that it was awful. All three of these business people have been served papers by the bride. I was told by a friend that if he words a letter just right, he can tell her he will refund her money upon return of the original cake. Is that correct? Any advice....quick?! Thank you and Merry Christmas.


Asked on 12/20/05, 11:19 am

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Bride wants money back from wedding cake

Although I understand the series of events, I am unclear as to the present status of matters as described at the end of your email. Was your son paid in full for the cake? If not, who was supposed to pay him? If so, then the bride's issue with him, if any, would be no different than any other wedding in which a bride alleges a breach of contract by your son due to an inferior cake. Proof of that would be difficult, but not impossible before a Judge if the bride actually served a lawsuit on your son seeking to be refunded some or all of the money.

As to the other players in the story, if the "cake lady" fell through and could not deliver a cake for the wedding, then the bride may have a legitimate cause of action against her for breach of their contract, but that should not affect your son. With respect to the Inn's package deal, again, that was presumably between the Inn and the bride and did not involve your son, unless the agreement was that a flat amount of money from the Inn was going to pay for the cake and then the bride was going to pay for the extra. I visited your son's sebsite and given the apparent quality of his work, I cannot believe he would have agreed to do a cake for a flat price to be paid by the Inn, without the bride being responsible as well.

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Answered on 12/21/05, 1:24 pm


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