If I have a home based bakery and recently had someone order a $40 cake but they didn’t show to pick it up and did not cancel, can I pursue payment and a cancellation fee?
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If I have a home based bakery and recently had someone order a $40 cake but they didn’t show to pick it up and did not cancel, can I pursue payment and a cancellation fee?
Asked on February 13, 2015 under Business Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You could sue them for the $40 they should have paid you, under the theory of breach of contract (their violation of their part of the agreement, which was to pay you for the cake you made)--that's it; you can't get any additional or separate cancellation fee unless there was a written agreement signed by the customer detailing such fee. It is not likely ecnomically worthwhile to sue over $40, however.
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