dressmaker wont refund

poet123

A verbal one. Did you discuss possible cancellation? If not then it will probably be held that most deposits are non refundable. If this lady is so sought after then the deposit does not seem unreasonable to me. I doubt you will get much more than has been offered and will probably have to let it go. I think you should concentrate on getting back to full health and grieving. Stick with plan A have the dress made and sell your alternative.

arcon5

Simple case of anticipatory breach of contract.

Tell her to prove her losses and refund what's left or refund you in full.

If she's spent £350 on materials then get the materials + £350 cash - seems reasonable to me. If she's not spent money on materials i'd expect £700, £650 lowest back to cover administration.

I wouldn't expect a court to be agreeing her offers have been reasonable though.

halibut2209

cockaleekee wrote: »

She is paying for the dressmaker to make her a bespoke dress, hence she is paying for a service.

I disagree. How the dressmaker chooses to supply the dress is irrelevant. The OP is simply buying a dress - a tangible item. Not a service.

keyser666

arcon5 wrote: »

Simple case of anticipatory breach of contract.

Tell her to prove her losses and refund what's left or refund you in full.

If she's spent £350 on materials then get the materials + £350 cash - seems reasonable to me. If she's not spent money on materials i'd expect £700, £650 lowest back to cover administration.

I wouldn't expect a court to be agreeing her offers have been reasonable though.

I am in agreement with this

bris

arcon5 wrote: »

Simple case of anticipatory breach of contract.

Tell her to prove her losses and refund what's left or refund you in full.

If she's spent £350 on materials then get the materials + £350 cash - seems reasonable to me. If she's not spent money on materials i'd expect £700, £650 lowest back to cover administration.

I wouldn't expect a court to be agreeing her offers have been reasonable though.

Yes I am still surprised that this comes up again and again and the regulars still get it wrong, the dressmaker is entitled to her net profit regardless of material cost etc, etc.
The net profit on a dress such as this will be way way over £750 so the dress makers will be losing out and could, is she so desired, seek the difference from the op. This is contract law, where no written terms are present the lands contract law takes precedence.

arcon5

halibut2209 wrote: »

I disagree. How the dressmaker chooses to supply the dress is irrelevant. The OP is simply buying a dress - a tangible item. Not a service.

It's a service and a product. Both are not exclusive of each other.

poet123

halibut2209 wrote: »

I disagree. How the dressmaker chooses to supply the dress is irrelevant. The OP is simply buying a dress - a tangible item. Not a service.

I don't agree with that, it is relevant as it is a bespoke dress not one off the peg bought from a store. Bespoke as in made to specific order and requiring the buying in of specific material and making to measure.

jumpedtheshark

bris wrote: »

Yes I am still surprised that this comes up again and again and the regulars still get it wrong, the dressmaker is entitled to her net profit regardless of material cost etc, etc.
The net profit on a dress such as this will be way way over £750 so the dress makers will be losing out and could, is she so desired, seek the difference from the op. This is contract law, where no written terms are present the lands contract law takes precedence.

This is not the case. This (your argument that the dressmaker get her expectation interest as damages) is only true if there has been full performance by her, ie. if she'd made the bespoke dress. This does not apply if the breach is anticipatory, as it is here. If the full deposit isn't the measure of the dressmaker's losses, then she'd be unjustly enriched by keeping all of it and a court would be very unlikely to allow her to do so.

arcon5

poet123 wrote: »

I don't agree with that, it is relevant as it is a bespoke dress not one off the peg bought from a store. Bespoke as in made to specific order and requiring the buying in of specific material and making to measure.

Since it's not been made it's not relevant. In fact measurements haven't even been taken at this stage so they don't really have reasonable grounds to attempt to enforce the contract - in fact without measurements it's simply not possible.