Legal Question in Consumer Law in Oregon
Restaurant reservations
I took a school group on a field trip two months ago and had arranged for dinner for 100 kids at a local all you can eat restaurant. When it became apparent that we were behind schedule, we decided not to go to dinner and called the manager and cancelled. He was quite obviously not happy that we were not coming, but he made no claim that we had an obligation . Two month later, we recieved a bill for $1600 for no honoring the reservation, even though he had never contacted me to express his displeasure. Do we owe for the bill?
2 Answers from Attorneys
Re: Restaurant reservations
I'd need to see what arrangements you made with the restraurant. Did you have a contract, or a series of written communications? Did you promise to show up and promise to pay in the event that you did not show up?
If not, then I'd venture that the bill is a fishing expedition and not enforceable.
Don't throw out your written records of this incident just yet, though. If he were to file suit it would be useful to have copies of whatever written communications you had with the restaurant.
If you had gone there as planned and then not paid, clearly you would owe for the food eaten by your group. But in your facts, that didn't happen - rather, you made a reservation (a promise to do something in the future) and then didn't make good on the promise.
The real issue is what is the duty of a person making a reservation? If there is a duty you could be found liable for breaching the promise if that caused the restaurant damages.
But that's quite a stretch.
Hope this helps. Mr. Nance has enough time on his hands to answer questions in places he's not licensed. His answers are reasonably good, though.
Elizabeth Powell
Re: Restaurant reservations
Refer to your written contract. If you don't have one, consult with an OR attorney. We can give you a free referral if you wish.
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