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  1. #1
    LRidley is offline Junior Member
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    Signed under false pretences?

    Alberta Canada.

    February 22 2012 I had paid and signed a contract to a wedding decorator to decorate my venue for my wedding.

    I recently found out that because of an incident that happened in 2009, she has been banned from the premises of this venue and she failed to tell us this, we had learned it from the venue coordinator.

    The contract states that $500 of the amount paid is non refundable, however, because the contract was signed under false pretenses, am i eligible to the whole refund?

    I have emails that the venue coordinator printed for me proving the decorator is aware she is not allowed on the property.

    Do i have a leg to stand on in small claims court?

    How long does small claims court take?
    Last edited by LRidley; 04-21-2012 at 12:09 PM.
  2. #2
    las365 is offline Senior Member
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    This site is generally for US law only, but I think there are a couple of posters who are familiar with Canadian law and maybe they will come along.

    What proof do you have that the designer knew the venue you were using at the time she entered into the contract with you? That may be important.
  3. #3
    Stevef is offline Senior Member
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    Quote Originally Posted by LRidley View Post
    Alberta Canada.

    February 22 2012 I had paid and signed a contract to a wedding decorator to decorate my venue for my wedding.

    I recently found out that because of an incident that happened in 2009, she has been banned from the premises of this venue and she failed to tell us this, we had learned it from the venue coordinator.

    The contract states that $500 of the amount paid is non refundable, however, because the contract was signed under false pretenses, am i eligible to the whole refund?

    I have emails that the venue coordinator printed for me proving the decorator is aware she is not allowed on the property.

    Do i have a leg to stand on in small claims court?

    How long does small claims court take?
    It appears the decorator will be unable to fulfill her contract. You should write to her and "request assurances" that she (and not someone else) will fulfill her obligations under the contract, and explain how she plans to do that since she is banned from the premises. Since this is a personal services contract, she cannot simply delegate the obligation to someone else without your consent.

    If she does not respond and convince you that she will be able to fulfill her obligations, hire someone else, and sue her.
  4. #4
    startedone is offline Member
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    there are no "false pretenses" .. there is only the contract.
  5. #5
    las365 is offline Senior Member
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    Quote Originally Posted by startedone View Post
    there are no "false pretenses" .. there is only the contract.
    That is incorrect under US Law and I would guess under Canadian law as well.
  6. #6
    latigo is offline Senior Member
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    Quote Originally Posted by LRidley View Post
    Alberta Canada.

    February 22 2012 I had paid and signed a contract to a wedding decorator to decorate my venue for my wedding.

    I recently found out that because of an incident that happened in 2009, she has been banned from the premises of this venue and she failed to tell us this, we had learned it from the venue coordinator.

    The contract states that $500 of the amount paid is non refundable, however, because the contract was signed under false pretenses, am i eligible to the whole refund?

    I have emails that the venue coordinator printed for me proving the decorator is aware she is not allowed on the property.

    Do i have a leg to stand on in small claims court?

    How long does small claims court take?
    I think you have two or three legs to stand on. (Although I don't know about small claims court jurisdiction in your Province.)

    1. Failure of consideration.

    2. Unilateral rescission and restoration to the pre-contract status quo on the basis of fraud

    3. Unilateral rescission and restoration to the pre-contract status quo on the basis of mutual mistake.

    If youd like me to discuss those remedies, Id be obliging.

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