how to prove breach of contract
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how to prove breach of contract
We signed a contract with a company for an event, however due to
unfortunate circumstances, we had to cancel the event. The contract
stipulates that they give no refunds at all and the contract cannot be
modified without authorization and approval of both parties. There was
an additional service added to the contract after it was signed by us.
Should there have been an amendment signed by us after the add.
service was added? We need to try and recoup some of our monies back.
Thanks in advance.
Asked on April 6, 2016 under Business Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The additional service will not affect that part or terms of the contract relating to the lack of refunds; whether you signed it or not is irrelevant for this purpose--not signing the amendment for the service might mean that they can't charge you extra for that service, but does not alter unrelated terms.
Furthermore, as a general matter of contract law, if A contracts with B for B to provide services, and B is ready, willing, and able to provide said services, then if A cancels for *any* reason--whether it's fault or not--B is entitled to the payments due under the contract, since B was ready to fulfill its obligations.
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