Legal Question in Business Law in Massachusetts

Hi,

A well known, high profile Boston jazz club contracted my band to perform on a specific date. In the contract, the only provision for canceling the engagement related to emergencies and other circumstances not under the parties' control -- however, the club decided to cancel the show because of low "advanced ticket sales".

Could a case be made in small claims court for financial compensation, based on potential revenue lost, as well as harm to the artist's publicity?

Could a case still succeed, even though a signed contract for this date was NOT returned by the club? (I have the email attachment of the contract I received, signed and sent back to them; and in the past they have returned signed contracts before -- these are standard contracts that the club provides to every artist they work with)

Could I be liable for the club's legal expenses in small claims court if the case fails?

Thanks,

GB


Asked on 4/29/10, 12:03 pm

1 Answer from Attorneys
Jonas Jacobson Law Offices of Jonas Jacobson

First off, small claims is limited to $2000, so your case would have to be worth less than that. Second, be aware that suing this "high profile" jazz club may irreparably damage your relationship with the club - so be sure that what you want is the money.

Finally, I think a case could be made, but I couldn't say for certain without a more comprehensive evaluation of the facts. You would need to establish - without question - that you had agreed to an offer to play that night, or that they had agreed to have you play.

If the publicity loss is an issue, it may be worth more than $2000, in which case you would have to bring the case in the district court department, meaning a higher filing fee. It is unclear what basis the club may have to counterclaim against you from what you have written, however, again, without knowing the facts, I can't say anything with any degree of certainty.

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Answered on 5/04/10, 12:12 pm


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