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My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am very sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
Is the organization you entered the vending contract with the same organization which is holding the event and from which you ordered the products for the event? Your agreement with them is silent about placement at these events based on seniority or that space may not be available?
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I ordered my products from China. I (with my sister) have invested over 100,000 dollars in participating in this event. I was not told about the seniority of invites to participate as a vendor until last Monday after I had been asking and asking about space. This morning, I went to the national office to see the person responsible for licensing and she was not in. The executive director got her on the phone and she told the director that she sent me an email this weekend but it bounced back. Mind you none of her other emails have bounced back. I gave my email along with my cousin's email. I was told I would receive an email. Nothing thus far. The executive director had indicated as well this morning that invites were being given based upon vendors being with them over the years. Never was this mentioned in any application paperwork and after I received the license. In addition, the organization is very strict about how vendors sell items with their trademarks and I have done everything expected of the organization.
I see. Thank you for clarifying the situation for me, Carol.Yes, this seems to be a violation of the organizations implied duty of good faith and fair dealing in that they led you to believe you would be involved in the event such that you relied on their representations to your detriment and have now suffered damages.The D.C. Court of Appeals recently stated:We have held that “all contracts contain an implied duty of good faith and fair dealing[.]” Allworth v. Howard Univ., 890 A.2d 194, 201 (D.C.2006) (internal citation omitted). This duty means that “neither party shall do anything which will have the effect of destroying or injuring the right of the other party to receive the fruits of the contract.” Id. (internal citation omitted). In addition, a party to a contract may be liable for a breach of the duty of good faith and fair dealing if the party “evades the spirit of the contract, willfully renders imperfect performance, or interferes with performance by the other party[.]” Paul v. Howard Univ., 754 A.2d 297, 310 (D.C.2000).Here is a link to the case:http://caselaw.findlaw.com/dc-court-of-appeals/1312630.htmlGiven the amount you have spent in reliance on your contact, I would retain a local contracts or business law attorney to represent you in this matter and seek reimbursement from the organization for the damages you have sustained.
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Thank you Tina. I think what makes matters worse for me is that this is my sorority. They are emphatic about their rules about vendor guidelines. I just got a call from someone else who wanted to vend. She was told that some people got the email invite with an access code to apply for a table. The event begins July 11th. Why not tell me in the beginning this is how it will be run. NOTHING. I am incredibly frustrated and hurt. Thanks for clearing things up for me and I will take your advice and seek an attorney. Be well and peaceful. Carol
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