Breach Of Contract

[mneumonic]

What is the name of your state? Minnesota

I have a signed contract with a major talent agency to bring an artist here for a show on July 3rd. I signed the contract and paid his deposit 2 weeks ago. They told me yesterday (5/20) that he is no longer availabel and going out of the country. I am sure they will give my deposit back but I am now stuck without a headliner for my show that Ive been planning for months. What is my next course of action? What can I hold them accountable for?

Thanks for the advice!

 

[JETX]

What does your contract say about cancellation, refund, etc.??

 

[I AM ALWAYS LIABLE]

What is the name of your state? Minnesota

I have a signed contract with a major talent agency to bring an artist here for a show on July 3rd. I signed the contract and paid his deposit 2 weeks ago. They told me yesterday (5/20) that he is no longer availabel and going out of the country. I am sure they will give my deposit back but I am now stuck without a headliner for my show that Ive been planning for months. What is my next course of action? What can I hold them accountable for?

Thanks for the advice!

My response:

Since we can't see your contract to see if there was a "cancellation" clause, or a "liquidated damages" clause, then the agency can always plead "impossibility of performance" of the contract itself - - with damages to be a "return of funds" only. Generally, a contracting party will not be able to compel specific performance of an agreement when the other party is lawfully unable to perform or the other party's performance is otherwise impossible (see Rest.2d Contracts § 368).

Now, if you had the performer's signature on the contract, that may very well be a different story.

IAAL

 

[mneumonic]

Cancellation

a) In the event that agent does not recieve the deposit by the deposit deadline, agent and/or artist, in their sole discretion, shall have the right to cancel this Agreement and Promoter shall remain liable for the full amount of the deposit due hereunder. In the event of any such termination, Artist shall have no obligation to perform for Promoter hereunder and Agent ,mat contact with third parties for Artist to perform for such third party(ies) on the Date of Engagement. Without limiting the foregoing, unless otherwise expressly agreed in writing, neither Agent nor artist shall be obligated to refund any payments made by promoter hereunder prior to the date of such cancellation, nor shall Agent or Artist have an obligation to mitigate with respect to owed by promoter hereunder

b) notwithstanding anything to the contrary contained herin, in the event that promoter cancels 10 or more weeks prior to the Date of Engagement,promoter shall remain obligated to pay the deposit but shall be relieved of the obligation to make any further payments hereunder. Notwithstanding the foregoing,neither Agent nor artist shall be obligated to refund any monies in the excess of te deposit previously paid by promotoer hereunder

c) If, for any reason(including but not limited to Act(s) of god, and/or closures of the venue by any local, state, or federal Government agency), promoter cancels the event within less than 10 weeks of the date of engagement promoter shall remain liable for the full amount of compensation due hereunder.

d) Notice of cancellation shall be deemed recieved only if delivered in writing to agent via certified or registered mail or by telefaz, and the date os agents reciept shall be deemed the date of delivery.

e) In the event that nay act of god prevents artist from oerforming on the date of engagement,artist wil not be held liable and may, in turn, keep all deposits.


That all that what was written in the cacellation section of the contract.