Breach of contract - can I sue?

welshblob

George_McW wrote: »

... What riles me in this case is that the client booked me, the client would have loved me, but a meddling family member got involved and starting messing things around. ...

I bet the meddling family member was Prince Philip

melipona

http://www.vocalist.org.uk/booking_contracts.html

George_McW

Hi, I am the original poster of this thread, from several months ago. I asked for some legal advice, and I've returned here with the outcome of my case. The county judge upheld my claim, threw out the defence, and ordered the defendants to pay the full booking fee plus costs, which they have done. Basically I won the case, and am going to take a few minutes to educate some of you.

S3quence - you don't have a clue mate. The deposit is a security against breach, not a limitation on liability. Forfeiture of the deposit does not limit liability for breach of contract. Thankfully I ignored your advice to chalk this one up to experience. In fact you don't have a bloody clue: you said "Im sure you yourself have agreed to buy something and thought about it later on and decided not to go for it" which demonstrates you have zero knowledge of contract law, and hence zero qualification to post on such matters in this forum. I'm sorry to say it, but your opinion in this thread is worthless. Worse than worthless.

somethingcorporate - You dared to suggest I was unprofessional for not having express terms and conditions in my contract. In fact, such terms are totally unnecessary. A live music booking contract is non-cancellable. So having loads of guff about "25% fee forfeited if cancelled within 12 months" etc etc is not needed. In fact, it could count against you. Cancellation terms are simply not required, and that's why the Musicians' Union template contract is not peppered with extensive express cancellation provisions.

paddyrg - Thanks for your helpful attitude. It turns out you don't need to 'prove' damages in order to sue. I don't have to demonstrate that I'm out of pocket by £x of work I turned down from other clients. If a client cancels I have to find an alternative booking. If I can't, then I sue the client for the full amount, plus court costs. Simple as

Meepster - yes, the contract was binding. The contract existed purely on email, nothing signed, and yet the law still treats it as a contract, which by definition is binding. Again, like others here you are totally clueless so please don't post again.

Horace - you were the most helpful by far, but again still totally wrong. Given your experience in the business I'm a little disappointed. Extensive terms and conditions are simply not necessary. Client books band = contract. Client cancels = breach of contract = grounds to sue. No expensive lawyers required to draft contracts. I really appreciate your help though, as unlike the others, you weren't dismissive or patronising. But your advice to chalk it up to experience was plain wrong, and again, I'm glad I ignored you.

So there we have it. I was cancelled several weeks from the event, I issued a small claim, the defendants came back at me with a lot of bluster and legalese, but at the end of the day the district judge demonstrated some understanding of the law (unlike all the posters here) and upheld my claim.

My advice to you would be, in future, to think twice about giving advice on these forums because you lot don't have a clue. And, if you must post, please precede it with something like "I'm just making this up, I'm not qualified to give this advice, but my gut feeling is as follows..." etc etc etc.

Sorry to be a git, but the advice I got here was stunningly unhelpful and I wanted to do something to put it right / warn others. Cheerio

paddyrg

Well that's us told!

Actually it is interesting to hear the outcome of your case, looks like things worked out for you which is good. I hope you get the money.

You're right, nobody is qualified to give you specific legal advice on a public forum, only your own lawyer is. You got opinions, although you appear to have mistaken some opinions and questions for 'attitude'. Reading back through the thread, I don't read it the same way as you do, but hey, it's harder to tell the intended tone of a post just from printed words.

COOLTRIKERCHICK

all i can say,

those people are not going to recommend you..

Hubby is in a band, been working for years...

yes they have had cancellations etc..but have never gone down the road of a small claims court....or asking for the money. the people or venues that have had to cancel, have ALLWAYS returned and re-booked and totally recommended the band, so in the long run they have gained more gigs AND clients....

If you were talking about a gig that was a couple of grand, then yes fair comment, but for a piddly £500 quid... I personally think the damage you have done to your bands reputation wasnt worth the £500 quid lost.

Plus If your band was any good, you would have easily filled that date with another gig...

As with your attitude in your last post... Posters have given you their honest thoughts.. if you wanted proper 'legal' advice, then you should have gone to a solicitor and paid £225 plus a hour...

Mistral001

It is good to get feedback on something like this. I did not post originally. The bitterness towards the posters which the OP has has shown, I think is perhaps arrogance from a "sucessful" outcome in the courts. Most of the potsers gave good information which was correct in my view.

However, one thing that seems to come up time and time again in these forums is the nature of a "contract". Many posters assume that a "contract" is a written contract darwn up in legalese-speak and signed by both parties. A valid contract can be formed on an exchange of emails, a telephone call etc. This case demonstrates this and if for that reason alone the Op is to be thanked - I suppose.

Maybe the OP will post back in a year's time and tell us all how the group is doing.

davehills

Just my four penneth...

I think posters in this thread have been most helpful! They have expressed opinions essentially in line with my own, that you had a low chance of success taking this to court.

Well, whadda you know? You won your day in court, against most people's expectations. Maybe you were lucky. Maybe the person hearing the case had a bad day. Maybe your case was portrayed in a different manner to your posts on here.

I'd wager, however, that you'd still stand a good chance of losing a similar claim in the future.

As others have said this could have damaged the reputation of your band. I mean, if I were booking a band and knew that you were so litigious, I'd certainly be looking elsewhere...!

Just bear in mind the people on here were trying to help you.

inmypocketnottheirs

What a nice guy the OP appears to be.

He comes on here, asking for advice on an open forum, when he should have taken paid professional advice. The only advice worth taking is paid professional advice.

In any business where one deals with the public a dissatisfied customer will tell far more people of their dissatisfaction than a satisfied one. In a business reliant to a large degree on recommendation, whilst the OP won his £500 in court, I am sure that client will tell many people of their experience.

I would think that this will in the long term cost the OP far more than £500.

glasgowdan

My reaction is why try to sue for this? I think going down the legal route is bad human relations, shows a lack of understanding of the client and what they are going through with this wedding and is just a modern amercianised reaction to a completely normal human situation.

I would have accepted the 10% deposit as an apology, wished them well for their big day and got on the phone and got another gig for the day.

lincroft1710

COOLTRIKERCHICK wrote: »

If your band was any good, you would have easily filled that date with another gig...

Just had to smile at this