Breech of Contract

[AllysonS]

What is the name of your state? Pennsylvania

Last fall, I agreed to be in a friend's wedding. My friend had said some pretty horrible things to me a few months ago and I told my friend that I was upset and might consider backing out of the wedding. I also explained to her that since I am in the process of building a new house, I was financially strained. The wedding expenses were very costly and I did not feel that I would be able to pay for everything right away. A few days ago my friend and I have had a falling out over this matter. Prior to the falling-out she ordered the bridesmaids dresses and shoes. My dress has not been altered and remains at her house with the shoes. She has since told me that I gave her a verbal committment to be in the wedding and that it is a legally binding committment. She is treatening to take the matter to a lawyer to reclaim the money for the dress and shoes. Since I do not have the dress and shoes, and have not paid her money for them, what grounds does she have to sue me?

 

[hexeliebe]

most people don't need a reason

to sue. That's the problem with the legal system today.

That being said, a valid contract is one that both parties derive something from, "..consideration in lieu of a promise to perform some action". Your friend would have a cause of action agains the band if she had paid them and they didn't show up but if she thinks about this and gets some real advice she'll realize that there is not verbal contract in force.

Try to patch things up with her but failing that, you really don't have much you can do until she carries through on her threat. Then, depending on your specific state laws, it would probably end up in small claims court.

How much time does she have from the time you told her you wouldn't be in the wedding until the actual wedding? Does she have time to find a replacement?

 

[AllysonS]

Might not be binding contract

I looked over the e-mails that were sent back and forth between my friend and I. Here's what I discovered. The e-mail that set it off was very interesting. I must have looked over this detail, as I was horrified by what i saw later in the email.

my "friend" had asked me not to be in the wedding. therefore, why should i have to pay for a wedding dress and shoes if she asked me not to be in the wedding. i must have looked over the information, as i had already told her two weeks prior that i didn't think i could participate. by not attending a drunk-fest bridal weekend-she got upset and asked me to not be a part of the festivities.

i feel more confident in my decision to not pay for the dress and shoes. when i first mentioned that i might not be able to do it, she had 5 months. she now has 4 months to find a replacement.

 

[HomeGuru]

Thanks for your follow up post.