you. For future reference, it would be worthwhile you being aware that when
legal questions are being posed the parties are generally referred to by a
letter which relates to what they are and in this case those letters would be B,
G and M.
makes it much easier to follow, bride, groom and mother. Indeed, in this
particular case, there is no need not to use the actual words.
not a bad with a small question when there are lots of parties and it gets
along, just having arbitrary letters can be confusing.
this particular case, I agree that there is no privity of contract between A and
the venue and that is the defence. I cannot see that B has anything to do with
even if C is joined in with the proceedings, I think C can claim against A and
B because I think there is a verbal contract that A&B were going to get
married, and subject to them getting married C would pay the bill.
debatable however whether the venue is entitled to 50% of the cost because that
is an arbitrary figure and the venue is only actually entitled to recover
compensation/damages in respect of its genuine measure of loss. That is
basically the profit that it would have made on the event and I think it
unlikely that would be 50%.
suggestion therefore would be to offer something and to divide that cost
between the three.
If the three parties agree to that, then if nothing
had already been paid, In cases like this, I never suggest making an
offer. I suggest sending a cheque. Armed with a cheque in the hand for some of
the amount they want, compared to an argument over the whole of the amount,
(and arguments that they may win or lose) the cheque in the hand is a pretty
powerful incentive to accept it.
consider deciding how much you would like to pay the (you need to make it
attractive enough) and send it with a covering letter headed "without prejudice
save as to costs". That means that they cannot produce the letter in court as
any proof that you admit owing them any money at all.
them in the letter that you are offering this money in full and final
settlement of all claims against you, past, present and future, and that by
cashing it they accept it as such. Tell them that if they do not accept it,
they should return the cheque to you and if they issue legal proceedings, you
will defend them on the basis of A, B, C, whatever.
them that if they do not understand the significance of the letter. They should
take independent legal advice.
can tell you this approach works nine times out of 10, provided the offer is
reasonable and not derisory.
For legal reasons which I will not bore you with but which
go back several hundred years, the cheque must not come from you, but was come
from a third party, friend, relative, solicitor, our accountant, neighbour,
girlfriend, wife, husband, whoever, just not from you all.
Here is some rather heavy reading http://www.voltimum.co.uk/news/2312/cm/the-law----full-and-final-settlement-.html
I have not had to provide all the facilities so have not had all those costs.
then comes down to how much. I think they are probably working on about 10-20%
net profit and therefore, they are entitled to between 1000 and £2000. However
they have already had £3150 so I think I would probably be counter claiming 1150
quid from them on the basis that they have already had more than in the deposit
than they have lost by the cancellation.
on how close the actual event was before calculation, will affect the amount of
damages because obviously, if it was cancelled months before, they may relet
the venue but it was cancelled days before, they would not
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