Legal Question in Consumer Law in Pennsylvania

Restaurant Breach of Contract

We contracted with a restaurant for a Christmas Party on 12/4/04. We received a phone call from them yesterday that they were not able to honor their contract. After renovations, the contracted room was too lucrative to host a party. We would have to move into a smaller, significantly less acceptable room, would lose our contracted ability to have a DJ & extra tables for a silent auction. We use the funds from auction to help fund our charitable works.

We can obtain another restaurant for our party, however, we will have to pay a premium for the room for short notice & additional fees for the dinner. The contracted restaurant made no offer to assist us with the increased prices, offering only to return our $200 deposit.

This restaurant is in flagrant breach of contract & yet are cavalier about our dilemma & quite frankly were very rude to us during counter negotiations. How do we pursue a lawsuit for breach of contract & receive the extra funds we need to pursue another location? THANK YOU!!!


Asked on 11/24/04, 2:28 pm

3 Answers from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Re: Restaurant Breach of Contract

Sounds like your damages are within the jurisdiction of the small claims court, which in Penna is the District Justice. Just go to the nearest District Justice office, and the nice people there will give you the necessary Complaint form.

When you get to the hearing, the judge won't be all that interested in rudenss and conduct in negotiations. Stick to the facts: you had a contract (hopefully with written evidence); they breached; you made reasonable efforts to cover and mitigate damages (by arranging an alternate) and you suffered increased costs (which could include costs of publicizing the change of location).

If "We" is a corporation, you might need an attorney, but individuals can represent themselves.

Good luck with your event!

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Answered on 11/24/04, 2:44 pm
Matthew Nahrgang Nahrgang & Associates, P.C.

Re: Restaurant Breach of Contract

Regrettably, it is not easy to obtain compensation. You can either sue in small claims court or in the court of common pleas. But neither one will likely yield you money prior to your dinner. You should find the funds somewhere else.

Feel free to call or E-mail me on a free initial basis.

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Answered on 11/24/04, 2:59 pm
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: Restaurant Breach of Contract

you state you have a contract, was your agreement with the restaurant ever placed in writing? If yes you have a much stronger claim, if not, you still can act...you need to show your reliance on the initial contract (verbal or written) and damages...if you have this you have a viable claim.

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Answered on 11/30/04, 9:35 pm


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