(Closed) Legal Question…Breach of Contract??

posted 10 years ago in Venue
Post # 3
885 posts
Busy bee

@Future_Mrs_Price:  I cannot give you legal advice and anything I state in response to your question or on this forum should not be construed as legal advice nor does it create a attorney-client relationship. 

It depends on what the exact provision in your contract regarding the tasting states.  That said, it may be an anticipatory breach of contract which is an unequivocal indication that the party will not perform when performance is due, or a situation in which future non-performance is inevitable. An anticipatory breach gives the non-breaching party (you) the option to treat such a breach as immediate, and, if repudiatory, to terminate the contract (and sue for damages (without waiting for the breach to actually take place)). 

 Ultimately, you have to decide if it’s worth it to walk away if they will give you a tasting before your payment in full is due.  Do you have a back-up vendor if they cannot get you scheduled?

Post # 4
4771 posts
Honey bee
  • Wedding: December 2010

@Future_Mrs_Price:  If there is not a timeframe listed in the contract than they have not breached their contract as long as they allow for you to do a tasting prior to the wedding date. 

If they do breach, will you cancel? or what are you looking for them to do?

Post # 5
3968 posts
Honey bee

If no date or timeframe was specified in the contract, they are technically not under any breach.

Did they give you an indication of when they would try to reschedule it for?

Post # 7
601 posts
Busy bee
  • Wedding: November 2011

Ok, whoa whoa whoa.  

Does the contract guarentee you a tasting?  If not, then there is no breach.  If it does, be VERY diplomatic about it.  These people have the potential to make the happiest day of your life very, very difficult.

I did read your previous thread about the tasting.  You need to stop making phone calls and sending emails and take someone WITH you to the venue to schedule a date.  YOU schedule the date and tell them when it will be.  Voila!

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