Legal Question in Business Law in New Jersey
transferring to another event
I have a contract with a catering
company for 09/15/07 for a
wedding. The wedding has been
canceled, however, I would like to
transfer the deposit towards a
birthday party. I was told that I could
not do this, however, the contract
does not state that. Is this legal?
2 Answers from Attorneys
Re: transferring to another event
It all depends upon the terms of the contract. If the contract indicates that the deposit is for the wedding, and doesn't explicitly give you the right to use that money for something else, you may not be able to enforce your desire to transfer it.
Re: transferring to another event
To another event the same day? What if anything does the contract say about cancellation? The contract terms control. The real issue is what would they have made if you did not cancel vs. what do they end up making anyway. If the contract is silent as to cancellation, then if they re-book and lose money, that is one thing, if they make more money, that is another, but they control the records, and showing they made the same or better money will be damn near impossible to show. How much money are we talking about?
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