Legal Question in Consumer Law in New Jersey

Catering Hall Contract Cancellation

I have had to move the date of my wedding - the hall where we were planning on having the reception is not available on our new wedding date. We have cancelled our contract. The owner is telling us we now owe him 50% of what we would have paid for the wedding, citing the ''Default'' clause in the contract. His contract has no specific ''Cancellation'' clause and he says that ''Default'' and ''Cancel'' mean the same thing. We feel we are being extorted, since not only are we receiving NOTHING from him, but we are not behind on any payments to him, so how can we be in default?


Asked on 5/03/04, 4:00 pm

1 Answer from Attorneys

Re: Catering Hall Contract Cancellation

It it difficult making ANY comment without reviewing your contract. But generaly, I would ARGUE that they are only entitled to the difference between the amount they would have made vs. what they do make assuming they make a good faith effort to re-rent the room. IF they make the same or more, you owe nothing.

Now there may be something in the agreement that could convince the judge that they are entitled to liquidated damages.

Generally, they are entitled to be "made whole" as I said above. If the contract is silent as to damages upon breach, then they should have difficulty demanding more, but it does not mean they will not.

How much have you paid to date? When WAS the scheduled date?

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Answered on 5/05/04, 9:14 pm


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