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CalAttorney2
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10244
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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I HAVE A LIMO COMPANY. I ALWAYS GAVE THE CONTRACT TO CUSTOMER

Customer Question

I HAVE A LIMO COMPANY. I ALWAYS GAVE THE CONTRACT TO CUSTOMER TO SIGN, IN THE CONTRACT WE MENTIONED IF KIDS UNDER 21 BRING ALCOHOL, THE RUN WILL BE TERMINATED. OUR CUSTOMER SIGNED THE PAPER AND THE DRIVER FOUND ALCOHOL ON THE DAY OF SERVICE SO WE TERMINATED THEIR RUN AFTER 2 HOURS.. NOW THEY SUE US AND THE JUDGE GAVE THE RIGHT TO THEM AND WE SHOULD REFUND THE MONEY AND COURT COST TO THEM. THIS IS VERY UNFAIR . WHAT SHOULD WE DO? IS IT OK IF KIDS UNDER 21 HAVE ALOCOHOLIC DRINK AT LIMO?AND JUDGE TOLD US BEFORE THE HEARING , THE JUDGMENT WOULD BE THE FINAL AND NO APPEAL
Submitted: 2 years ago.
Category: Business Law
Expert:  CalAttorney2 replied 2 years ago.
I am not sure what happened in your specific court case that caused the court to rule against you. Keep in mind court cases are based on the facts and issues before the court on that specific case. There are often issues of evidence (the rules of evidence can create significant problems for otherwise very strong cases to lose - for example, if the driver was not present in court to testify regarding the presence of the alcohol, it would be difficult for you to prove this as the information would be subject to the "hearsay" objection), or other issues which may not appear relevant to the parties that caused the court to rule in a particular way.Your contract clause is both reasonable and prudent, and it should be enforceable. I would advise you to speak with a local business lawyer to review your contract, and maybe ask them to take a look at the facts of your recent case to see what happened and maybe identify what caused the case to be lost (if it was an issue of evidence, ensuring that the driver more thoroughly documents the issue in the future in an incident report may be helpful, in addition to having the driver testify at trial).