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Question about possible breach on contract regarding a shopping mall.

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master1924

Junior Member
What is the name of your state (only U.S. law)? Texas

Hello. My name is Joey Lockhart. I am only 18 years old.

A little more than a year and a month ago, my mother opened a smoothie business (privately owned, in a kiosk) in a shopping mall in Texas. Business was fairly slow however during school days and pretty much any date that was not around a holiday. I felt pretty bad that despite all her hard work in going forth in this venture that revenue was not picking up. However, this summer, business boomed. I worked for her part-time the whole summer and felt like I had developed a connection with the place. Now I'm off in college, and today I got a call from my mother, who sounded pretty upset. Apparently, the mall decided to allow another person to open up a smoothie business literally 40 feet away from ours. It almost mirrors our business, and a lot of the flavors they have are just like ours. I'm pretty sure even the material they use is just like ours. Anyways, now that its the school days and business is literally halved by these intruders, the holidays will not be as fruitful for us. I was just wondering, though I am sure this is entirely unethical, is there any way the mall is in fault? Allowing the ok on an operation that practically mirrors us, steals half our customers, and while we have four years left on contract with the mall for the kiosk (which is not cheap by the way) just seems entirely wrong. My mom has fought skin and tooth to get this place up and running, and now that we have established a foothold in the mall, the mall goes on to establish a contract with another smoothie business in one of the most unconvenient locations.

Is there any way we could seek money for potential damages if we got a good lawyer?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Texas

Hello. My name is Joey Lockhart. I am only 18 years old.

A little more than a year and a month ago, my mother opened a smoothie business (privately owned, in a kiosk) in a shopping mall in Texas. Business was fairly slow however during school days and pretty much any date that was not around a holiday. I felt pretty bad that despite all her hard work in going forth in this venture that revenue was not picking up. However, this summer, business boomed. I worked for her part-time the whole summer and felt like I had developed a connection with the place. Now I'm off in college, and today I got a call from my mother, who sounded pretty upset. Apparently, the mall decided to allow another person to open up a smoothie business literally 40 feet away from ours. It almost mirrors our business, and a lot of the flavors they have are just like ours. I'm pretty sure even the material they use is just like ours. Anyways, now that its the school days and business is literally halved by these intruders, the holidays will not be as fruitful for us. I was just wondering, though I am sure this is entirely unethical, is there any way the mall is in fault? Allowing the ok on an operation that practically mirrors us, steals half our customers, and while we have four years left on contract with the mall for the kiosk (which is not cheap by the way) just seems entirely wrong. My mom has fought skin and tooth to get this place up and running, and now that we have established a foothold in the mall, the mall goes on to establish a contract with another smoothie business in one of the most unconvenient locations.

Is there any way we could seek money for potential damages if we got a good lawyer?

You know how some malls have a McDs and a Burger King in the same food court?

Same thing.
 

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