Breach of Contract question...

Maharishi

Hello people, a little guidance needed here please...

I'm a pro musician and I have a dispute with a pub that has cancelled an upcoming date because they 'forgot to put it in the diary' and have double booked, and are going with the other act despite my booking being way (months) before.

1. Contracts were issued and I have a signed and returned copy from Oct 24 2013
2. Performance is due Aug 31 2014
3. Cancellation was first verbal followed by text on Aug 3 and 4 2014
4. Contract has a 90 day cancellation clause in large print on the front or full fee payable
5. Venue saying no money will be paid at all.

If I issue an LBA with a 14 day pay up or else clause, it will still be technically before the actual date of the performance when I start SCC proceedings (assuming that they don't u-turn and cough up - very unlikely). Am I able to go ahead in that timeframe as it comes under an Anticipatory Breach of Contract?

Thanks for your help and advice.

pinkshoes

I think you might need to minimise losses e.g. can you get another booking for that night then claim for any shortfall in earnings.

If they signed a contract then they should pay up.

Crazy_Jamie

There is no anticipatory breach; the venue have already breached the contract by cancelling it within 90 days of the performance date. As per the terms of the contract the full fee is now payable. You do have a duty to mitigate your loss and should therefore attempt to secure work for that night, but assuming you don't from what you've said in your post this does seem to be somewhat straightforward. On what basis are the venue saying that they do not have to pay anything?

Maharishi

Crazy_Jamie wrote: »

There is no anticipatory breach; the venue have already breached the contract by cancelling it within 90 days of the performance date. As per the terms of the contract the full fee is now payable. You do have a duty to mitigate your loss and should therefore attempt to secure work for that night, but assuming you don't from what you've said in your post this does seem to be somewhat straightforward. On what basis are the venue saying that they do not have to pay anything?

Landlady, (who, by her own admission, is a bit disorganised), says that as the double booking was just an "error" on her part then it doesn't count.

I always figured if you mess up then it is down to you to put it right. She is firmly in the other camp...

With regard to securing an alternative booking; although unlikely there is always a chance that someone will offer me a gig at short notice (illness cover, impromptu party etc), which begs the question that if my LBA gives intent of proceedings to commence a week or so before the 31st and I do indeed secure other work, doesn't that kind of complicate matters? Would it not make more sense to give a longer timeframe to respond that expires closer to, or even on, that date?

Thanks again.

frugal_mike

When were you due to be paid under the contract (if the booking had gone ahead)? I would give them until that date to pay. Also, are there any expenses you are now not incurring?

Maharishi

frugal_mike wrote: »

When were you due to be paid under the contract (if the booking had gone ahead)? I would give them until that date to pay. Also, are there any expenses you are now not incurring?

After the performance so Sunday 31st August 2014. Only expenses not being incurred would be travel there and back (assuming if, and when, they offer to pay I do not have to travel there to collect it!)

Bantex_2

How much is it?

DCodd

OP are you a member of the Musicians Union? They give advice on situations like yours.

Maharishi

Bantex wrote: »

How much is it?

£5/£6 I would estimate.

Maharishi

DCodd wrote: »

OP are you a member of the Musicians Union? They give advice on situations like yours.

No, I am not. Never been a unionist sort of person.

stevemLS

Is this real? Court action for the sake of £5-£6?