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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101966
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My daughter lives in illinois, Her wedding was just

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Hi
JA: Hi. What do you want help with?
Customer: Hi pearl. My daughter lives in illinois
JA: Has anything been filed or reported?
Customer: Her wedding was just cancelled after we had provided a 4000 deposit
JA: Anything else you want the lawyer to know before I connect you?
Customer: Now the reception provider is seeking additional funds based on contract

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. What are you asking here exactly, i.e. what is your question? For example - what (if any) defenses are available for this breach of contract, etc?

Customer: replied 2 months ago.
Hi ely
Customer: replied 2 months ago.
What is the total cost of the phone call
Customer: replied 2 months ago.
Ok let's do online

Hello. Thank you for your call request. The site allows the expert to opt out of the call request, and I must respectfully ***** ***** not worry - other experts receive the request as well, and the first available expert calls. They will also have your question and my replies to build upon, so nothing will be lost.

We can also continue on the thread. What can I answer for you, exactly?

Customer: replied 2 months ago.
No worries let
Customer: replied 2 months ago.
I have paid a 4,000 deposit. Do i noe owe additional money based on illinois law now that her wedding has been cancelled?
Customer: replied 2 months ago.
The reception site is claiming I owe additional funds based on a contract we signed which we now can't locate
Customer: replied 2 months ago.
I understand that I probably am out the initial 4,000 deposit
Customer: replied 2 months ago.
I have read online that there is a legal interpretatio where you aren't responsible for payment above and beyond the deposit amount?

Okay. Do you have the contract that you can upload, perhaps? Or not?

Customer: replied 2 months ago.
My daughter can't locate it

Okay. One second while I type out the answer...

Customer: replied 2 months ago.
I can probably get another copy from the establishment if necessary

I am afraid what you read was wrong. The presumption is that a party that reneges on the contract is liable for the full damages of what the contract would have paid out to the other party.

The way to offset this is if the vendor files breach of contract suit, she may have an affirmative defense of failure to mitigate. Plaintiffs have a duty to mitigate damages, meaning, they have to reasonably try to RE-RENT the space to fill the void left by her breach. If they do not try this, then the Court at discretion may take off some money, but not all.

If they DO re-rent the space for that time, then the vendor cannot get money - they cannot "double dip." Meaning, they can only get money for any time that the location stood empty because of her breach.

This is assuming that no specific verbiage in the contract augments the above common law doctrines.

I hope this helps and clarifies. Please use the SEND button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of THREE OR MORE STARS and then click FINISH to submit that rating, as this is how experts get credit for our time. Rating my answer the bottom two stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating (it does not cost anything extra to rate).

Customer: replied 2 months ago.
does this mean I'm better off trying to settle for less than the contractual amount?
Customer: replied 2 months ago.
Because I would likely lose in court??

Yes to both, I am afraid.

Unless they quickly re-rented the venue, AND, the contract does NOT have a clause that mandates damages in the contract itself.

But the answer is likely YES to both questions.

So does this mean I'm better off trying to settle for less than the contractual amount?

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

Gentle Reminder: Please, use SEND button to keep chatting, or PLEASE SELECT THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 2 months ago.
Thank Ely. How do I give you a very good rating
Customer: replied 2 months ago.
Also what is my cosy for this advice??
Customer: replied 2 months ago.
Cost

You are most welcome. You can rate by pressing 3 or more stars on the screen and then clicking FINISH.

I believe the cost is $36, but I am not privy to the billing screen (experts just answer questions; we do not control the billing).

Gentle Reminder: Please, use SEND button to keep chatting, or PLEASE SELECT THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 2 months ago.
I don't see any stars.

Hmm. They I'll send this to customer service for them to take a look. Thank you regardless!

Customer: replied 2 months ago.
Thanks Ely. Good job even though it's not good news

No problem. Good luck.

Ely and 4 other Legal Specialists are ready to help you