(Closed) What Qualifies as a Breach of Contract?

posted 12 years ago in Venue
Post # 3
441 posts
Helper bee
  • Wedding: March 2009

I would suggest speaking with your vendor and clearly outlining your concerns (if you haven’t already). If they are still unwilling to work with you I suggest you reach out to another manager or the owner through email or by letter.

You may not be able to get your deposit back without threatening or actually pursuing legal action. However I doubt the location would be willing to lose the booking since times are lean and they stand to make more money by keeping the party going.

Good luck!

Post # 4
13 posts
  • Wedding: May 2011

Yes, there is a breach of contract here.  However, you should act soon.  If a "defect" becomes obvious and you do not attempt to fix the problem, your silence can be read as consent in some cases.  I would obviously need to review your contract first, but it seems like you have a clear breach here.  Even outside of the written contract, you have an oral contract with the vendor saying you could hang the lanterns and you relied on this promise in order to accept the contract.  Without some clause in the contract saying they are allowed to make changes, I’d think you’d have a strong case.  Do you have any friends that are lawyers that could write up a well drafted letter to accompany your complaint?  Sometimes that’s all you need to scare people straight.  Good luck!

Post # 6
1449 posts
Bumble bee

Im sorry to hear this.  Check your contract, it might say somewhere that the written contract superceeds (sp?) any other agreement including written and oral.  Thats totally unfortunate if she told you these things and lied to you later saying you couldnt but there might not be anything you can do about it expect adapt to the changes or try and talk to her again.

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