Floral ontract obligation post Katrina

[Moops]

My question is below and regards a contract and a deposit with a florist in the New Orelans area immediately following Katrina.

 

[shell007]

What's your question?

 

[Moops]

Floral contract

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?

 

[shell007]

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?

What does the CONTRACT say?

Did you have a contract with this "Florist" OR the "specific individual" that use to work there?

It sounds to me like you may have breached the contract with the florist due to personal choices on your part.

If they would have been able/willing to continue to provide you the service which you contracted for (even at a different time and location), they may have every right to NOT refund your deposit.

Stand by for more opinions on this matter.

 

[Moops]

The contract was with the florist, not the individual. However, they still have the name of the designer on their website as the contact person and if you submit an order for flowers on the website, a message says that your order has been submitted to that designer, although he is no longer affiliated with them.
I asked them several times for a new contract with the new date and venues. I never received one. Why wouldn't the contract be nullified due to Force Majeure?
Why must I continue to use that florist after the contract date had passed? The church and the reception site all changed. It was like starting over.

 

[shell007]

The contract was with the florist, not the individual. However, they still have the name of the designer on their website as the contact person and if you submit an order for flowers on the website, a message says that your order has been submitted to that designer, although he is no longer affiliated with them.
I asked them several times for a new contract with the new date and venues. I never received one. Why wouldn't the contract be nullified due to Force Majeure?
Why must I continue to use that florist after the contract date had passed? The church and the reception site all changed. It was like starting over.

Was the "Force Majeure" clause SPECIFICALLY INCLUDED in the contract?

If not...I'm not sure you can use this clause as a reason to void the contract.

 

[badapple40]

shelly:

what the heck are you talking about? The original date was September of 2005. The florist breached the contract (albeit with an excuse) and did not deliver. They had a deposit. That deposit should have been returned.

But the florist was unhappy when they learned that a new date for the wedding had been scheduled and the person did not go with them and so put a stop payment on the check they had sent.

To the original poster:

Sue them for breach of contract, for restitution damages (return of the deposit). You'll win.

 

[shell007]

shelly:

what the heck are you talking about? The original date was September of 2005. The florist breached the contract (albeit with an excuse) and did not deliver. They had a deposit. That deposit should have been returned.

But the florist was unhappy when they learned that a new date for the wedding had been scheduled and the person did not go with them and so put a stop payment on the check they had sent.

To the original poster:

Sue them for breach of contract, for restitution damages (return of the deposit). You'll win.

Sorry Badapple...I guess we are viewing this from two different positions/opinions. I understood it to be more of the "florist" would have been willing to "provide the services contracted for", but the OP chose to go a different route.

 

[Moops]

The florist would have been willing to do the wedding in the new venue. However, they never responded to my repeated requests for a new contract. I wanted to protect myself. The bride lived in NYC and it was not convenient to start over with a new designer. We originally chose the florist because of that designer. To have to accept an unknown would have been unacceptable. I just wondered, since they were closed at the time of the originally planned wedding, if I was obligated to use them, or if I would automatically be released from the contract.

 

[shell007]

The florist would have been willing to do the wedding in the new venue. However, they never responded to my repeated requests for a new contract. I wanted to protect myself. The bride lived in NYC and it was not convenient to start over with a new designer. We originally chose the florist because of that designer. To have to accept an unknown would have been unacceptable. I just wondered, since they were closed at the time of the originally planned wedding, if I was obligated to use them, or if I would automatically be released from the contract.

So again....what did the contract say about termination and/or return of deposit.

It still sounds to me like you CHOSE to go in a different direction because of convenience or lack there of. I DO NOT THINK that is a legal reason to not fulfill your part of the contract...thus the reason for their refusal in "returning the $1000.00 deposit".

 

[Ohreallynow?]

It still sounds to me like you CHOSE to go in a different direction

It sounds like it to me too.

 

[Moops]

The contract said that a "non-refundable" deposit is required to book the wedding. The contract also said tat the florist would provide these flowers on a certain date at a certain church and certain reception site. None of these conditions were met. I just read on a Louisioana law blog that under the Louisiana Civil Code Articles 1873-1878, when a fortuitous event has made the entirety of a party's owed performance impossible, the contract is dissolved.

 

[shell007]

The florist would have been willing to do the wedding in the new venue. However, they never responded to my repeated requests for a new contract. I wanted to protect myself. The bride lived in NYC and it was not convenient to start over with a new designer. We originally chose the florist because of that designer. To have to accept an unknown would have been unacceptable. I just wondered, since they were closed at the time of the originally planned wedding, if I was obligated to use them, or if I would automatically be released from the contract.

After even more thought, You are basically saying that you WOULD HAVE BEEN WILLING to use this florist IF they would have given you a new contract? That completely contradicts your defense that "YOUR BRIDE" wanted the previous designer that was no longer employed by this florist.

Additionally: Just because the "place of business" was closed due to the hurricane does not necessarily mean that the "florist" (whom you were contracted with) (NOT THE DESIGNER) was NOT DOING BUSINESS AT ALL. Maybe they were just using an alternate location, but still providing full services.

 

[Moops]

I did choose to go with my original designer. That is correct. It seems to me that since a refund check was issued, they were agreeing to return it when told that the date had passed and we would not be needing their services. They only cancelled it when they found out we were still having a wedding. I contracted with my original designer after the check was returned to me and vefore payment was stopped. My caterer had their name as our original florist and called to order extra flowers. That's why they knew we had a wedding.

 

[Moops]

They were not open and the phones were not working. I had to contact them. I would have been willing to use them and would have, if they had given me the revised contract I asked for. In the meantime I asked if he was still with them since my emails were going unanswered. I found out that they and the designer had parted ways. His name is still on their website as the contact. And they are using his designs in their ads. When we found him name on a message board for brides, we called him and picked up where we left off with him. He is the only one there that knew what we wanted. He was to design a specialty magnolia bouquet crafted from gardenias. I would not commision a portrait without knowing the artist either.