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Floral contract and Katrina

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Moops

Junior Member
Louisiana. My daughter was to be married in New Orleans on September 16, 2005. The florist we contracted with for the date and venue was not open for business on September 16 or for awhile after the hurricane and has $1000 deposit from us for the original date. No flowers had been ordered and we received nothing from them. The designer that we consulted with and who was to design the flower arrangements is no longer with them. Everything regarding the venue changed.
The florist agreed to return the deposit and sent us a check. However, when they found out that we had used another florist (we located the original designer)for the new date and venue, they stopped payment on the check.
What is my legal obligation to a florist which was to provide flowers on that date?
 

dcatz

Senior Member
If necessary, sue them for your money. They didn't perform but performance for all concerned was precluded by an Act of God.

But don't jump into any litigation unnecessarily. If they've gotten over having their feelings hurt, try explaining that you have to pursue either a formal or cooperative resolution, and you'd like it to be cooperative. Ask them to issue a new check. (Aside from failing to get goods or services for your money, you can probably file a civil action for the stop payment alone - haven't checked your state statute yet - hope that won't be necessary.)
 

Moops

Junior Member
Katrina contract

Thanks. How do I find out the rules in my state? I want to make sure that this is what happens in an Act of God in Louisiana before I go back to them.
 

dcatz

Senior Member
You have two posts running on the same question and you're getting the same information in both.

It started because your original post was only the name of your state and you posted anew.

To avoid further confusion, why not just delete this thread?
 

dcatz

Senior Member
Oh (blush).

Well it's still not efficient or coherent (or very fair to members attempting to assist you) to have two threads going.

Look, I hope that was because something other than litigation was an included alternative in mine. Litigation means time, inconvenience, stress and expense for all concerned. It shouldn't be your first option, if there are others.

Your state allows civil penalties for bad checks (and a stop order absent a valid dispute falls into that category:
Drawer of dishonored check who fails to pay 30 days after written demand delivered by certified or registered mail is liable for damages in twice the amount owing but not less than $100 plus attorneys's fees and court costs. Payee may charge service charge not to exceed $15 or 5% of the face amount of the check, whichever is greater. District Attorney can collect fees for issuance of worthless check, depending on amount of check.

Whether or not specifically addressed in your state statutes, everything else, all the principles that has been or will be discussed here or there, including Acts of God, are in the Restatement of the Law (2d), Contracts, and that work is measured in volumes.

You have the right to sue, if you want to, and you'll probably prevail, if you do. Leave it at that. Ask that the other thread be locked then and you'll have both.
 

Moops

Junior Member
Thanks

Thanks. I finally figured out how to close one of the postings. My intention in writing is to avoid small claims or any other legal process. I would like to go into the office and have a rational conversation with the owner, in hopes of getting my money back. He has already told me to "do what I have to do," but that's not how I would like to see it turn out. People talk on the wedding message boards. So far, I have not spoken about him on those forums. I just want him to do what any good business should do and want to know if I am obligated, Shellandtv seems to think I am. I just want to know what the laws say so that I am prepared when I see him.
 
S

shell007

Guest
Moops said:
Because I liked your answer the best and if I delete it, it will be gone.

Well there you go. The OP has two threads going on at the same time, and she admits that she will keep this one open because "she likes this answer best".

A perfect example of "only hearing what you want to hear"!

Never the less...Best wishes and no harm meant! :)
 

Moops

Junior Member
[dcatz

Your state allows civil penalties for bad checks (and a stop order absent a valid dispute falls into that category:
Drawer of dishonored check who fails to pay 30 days after written demand delivered by certified or registered mail is liable for damages in twice the amount owing but not less than $100 plus attorneys's fees and court costs. Payee may charge service charge not to exceed $15 or 5% of the face amount of the check, whichever is greater. District Attorney can collect fees for issuance of worthless check, depending on amount of check.

Does there have to be a valid dispute before payment is stopped on a check?
What exactly dies that mean?

Since the floral contract stated "non-refundable deposit" does that mean I am stuck?
 
S

shell007

Guest
Moops said:
[dcatz

Your state allows civil penalties for bad checks (and a stop order absent a valid dispute falls into that category:
Drawer of dishonored check who fails to pay 30 days after written demand delivered by certified or registered mail is liable for damages in twice the amount owing but not less than $100 plus attorneys's fees and court costs. Payee may charge service charge not to exceed $15 or 5% of the face amount of the check, whichever is greater. District Attorney can collect fees for issuance of worthless check, depending on amount of check.

Does there have to be a valid dispute before payment is stopped on a check?
What exactly dies that mean?

Since the floral contract stated "non-refundable deposit" does that mean I am stuck?

Hi Moops!

Honestly, this really sounds like a case for "small claims".
 

Moops

Junior Member
Hi, Shelly,

I was hoping I wouldn't have to take it that far.....just probing for what the law states. Basically, if the date for a contract has passed, am I obligated to change the particulars and extend the contract?
If he wouldn't have issued the check, I wouldn't have signed with the other florist.
 

badapple40

Senior Member
Apparently I need to provide a lesson in contract law.

The OP and the florist contracted for the florist to deliver and provide flowers at a specific location on a specific date.

The florist did not do so -- although the florist did have some excuse for not doing so. The lack of excuse would protect the florist from a breach dealing with expectancy damages and the like.

It does not, however, result in an excuse for the florist not to return the deposit.



When I got married, we contracted with a venue to host the reception. They were undergoing renovations and could not accomodate us. They also tried to keep the deposit. Guess who lost that battle, after only one letter with my bar number on it.

OP: Get aggressive with them. Unless the contract has a provision that says that if the wedding is cancelled or rescheduled due to no fault of the parties, in which case florist will provide services at rescheduled date and time -- which is not about to happen because the florist wants and needs to make sure they can handle orders on any given date and books folks based on dates -- where you being rescheduled might not work, this florist has no justification for keeping the deposit.

This is simple contracts. I'm not going to argue with an unlicensed layperson about fundamental contract law any longer.

Nonrefundable means that they won't refund if you cancel. It doesn't let them KEEP THE DEPOSIT WHEN THEY BREACH THE CONTRACT.
 

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