Legal Question in Consumer Law in Pennsylvania

cancellation of contract

the caterer cancelled the contract just three weeks before my daughter's wedding causing her to find a new reception site and ways to get food for the reception. She has not returned any of the hall rental fees or the money for the food. what steps should we take? Also can my daughter sue for emotional distress and for the amount of added expensense now incurred for the reception? Also my daughter is living in Michigan but was having the wedding and reception in her home town in PA so can she file charges in Michigan rather than in PA? Can criminal chargess be filed or is it strictly a civil suit?


Asked on 8/20/06, 5:45 pm

3 Answers from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: cancellation of contract

It would certainly have to be in PA. No way to file this in Michigan under these circumstances.

It sounds like a civil matter to me, unless there was intent on the part of the caterer to not perform at the time the contract was made, or knowledge that they could not perform.

She could sue for return of the monies given to the caterer, and the added expenses that were incurred as a result of the breach.

The emotional distress claim is tenuous at best, but it could possibly be raised.

What to do(what court to file in, etc.) depends on the amount of money we're talking about here.

I am in Armstrong County (I'm assuming that this took place in Jefferson County from your zip code), so I'd be willing to explore this matter further with you if you wish. Feel free to email or call.

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Answered on 8/20/06, 7:13 pm
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: cancellation of contract

First, retain an attorney. Second, you have the attorney threaten a lawsuit. Third, your attorney will file said suit if no response is immediately received. As to emotional distress, no you don't have a claim...but as for having to pay extra for another caterer, you would probably be covered, and yes you should receive a full refund. Please contact my office for additional advice.

Sincerely,

Marc V. Taiani, Esquire

AAAL - Allegheny Attorneys At Law, PC

412.731.0865

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Answered on 8/21/06, 7:13 am
SAMUEL Z. BROWN THE BROWN LAW FIRM

Re: cancellation of contract

You would have a civil claim. You would need to file this in PA. Please feel free to contact me if you would like assistance with this matter. 732.370.3000

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Answered on 8/21/06, 10:07 am


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