Legal Question in Business Law in New Jersey

Contract Cancellation

My fiance and I signed a contract in NJ with a NY band to perform at our wedding in PA. At signing (4 mo. prior to wedding) we stated that their ability to deliver a high quality performance of our wedding song was of the utmost importance in signing with them. They assured us they performed it many times at high quality and would allow us to hear it. After the signing and hearing them perform the song, we were terribly dissatisfied with the quality and felt they had misrepresented themselves. The band leader admitted they played off the cuff and assured us they would do a good job for the wedding. Leery to take his word alone we asked to hear it again before the wedding to validate their progress. He assured us we could hear it again, but has since refused all our attempts to arrange to hear it. Based on the following facts, we canceled the contract in writing 1 mo. prior: contract doesn't specify a cancellation policy and none was disclosed verbally; contract states "Customer satisfaction guaranteed, We guarantee a consistent and high quality performance, Balance due at time of performance."; we are convinced they misrepresented their ability to perform our song. Do we owe them the balance? They threaten to show up anyway.


Asked on 7/25/99, 12:19 pm

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Contract Cancellation

In order to give you a good answer, I would need to read the contract in full. However, it appears to me that you may have had the right to cancel the contract. Their threat to show up at the time of the wedding is another issue. You certainly do not want to have to deal with this on the most important day of your lives. I would suggest that you immediately get an attorney involved and have him or her write and letter so that they are on notice that they are not to come to the premises. Any violation could then be deemed a trespass. If you want me to assist you, feel free to call my office at 609-546-8010. Good luck!

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Answered on 8/02/99, 2:00 am


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