Catering Contract cancellation New Jersey

[annie128]

What is the name of your state? New Jersey

I booked a party at a restaraunt for 1/15/2005
contract date of signing 11/29/2004
I cancelled 12/19/2004 (20 days after signing and 30 days before the party date)

I got a letter from a lawyer and they say that I must pay 900.00 within 30 days. (I think the lawyer is a personal friend of the restaraunt)

Conditions of the my agreement (does not have the word contract on it) It says I was to give 60 days prior to function to cancel but I booked 45 days before the party date. I did give a 100.00 depost (that I dont want back or can I get it back??)

Also in the conditions on back of the agreement says in the event the customer has not made payments as specified, they shall have the right to cancel and void contract and retain all deposits.

What is my right and can they do this?

 

[divgradcurl]

Conditions of the my agreement (does not have the word contract on it) It says I was to give 60 days prior to function to cancel but I booked 45 days before the party date. I did give a 100.00 depost (that I dont want back or can I get it back??)

Well, presumably you read the contract prior to signing it -- you could have asked them to reduce the 60-day period to, say, a 30-day period, before you signed. As it is, you signed, accepting the terms. The fact that it is impossible for you to give enough notice isn't really the issue here.

Also in the conditions on back of the agreement says in the event the customer has not made payments as specified, they shall have the right to cancel and void contract and retain all deposits.

Well, I guess that means they can keep the deposit if you breach...

What is my right and can they do this?

Well, since you didn't back out in time, they can sue you for breach of contract. How much they can sue you for will depend on how much the original contract was for, whether there is any "mitigation" (did they try or successfully rent the room to another party, etc.), and whether there are any additional liquidated damages clauses in the contract.

You are certainly free to try and negotiate a settlement with them, they are free to sue you. If you do negotiate a settlement, make sure you get a release from them.

I cancelled 12/19/2004 (20 days after signing and 30 days before the party date)

I was to give 60 days prior to function to cancel but I booked 45 days before the party date.

Looks like your math is wrong. At first, it looks like you booked 50 days in advance, the second 45 days in advance. Doesn't really matter in this case, just though I would point it out.

Conditions of the my agreement (does not have the word contract on it)

This isn't relevant. Look, you signed a contract -- if you wanted to give yourself more time to back out, you could have renegotiated the contract BEFORE signing it, or you could have booked somewhere else with more favorable terms -- so you need to abide by the contract.

Try and work something out with the restaurant, but you may find youself out more than just the deposit...

 

[annie128]

Is a agreement a contract??
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Quote:
Also in the conditions on back of the agreement says in the event the customer has not made payments as specified, they shall have the right to cancel and void contract and retain all deposits.

A: Well, I guess that means they can keep the deposit if you breach...
_I dont care about the money just want to know my right.

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Well, since you didn't back out in time, they can sue you for breach of contract.

Agreement (not contract) says 60 days for cancellation

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Looks like your math is wrong.

Thanks for pointing out that my math was wrong .I thought I would let you know that my addition had nothing to do with your response, just thought I would point that out.