Statute of Fraud

[quincy]

Thank you! I would also like to add that we have sourced one of our previous events from this restaurant A. In that case after I submitted a quote to ABC (University representative), I texted the restaurant A owner saying -

"Sorry couldn't call you, the university has accepted your quote. There are certain formalities that need to addressed. I'll call you asap"

In this case I texted them-
"The committee/club is ready to go for your quote. I'll forward the quote to ABC (university representative) and keep you in loop like before"

I was worried that this statement from me might cause trouble

It apparently is causing you trouble - so you are right to be worried.

 

[Kurt B.]

It apparently is causing you trouble - so you are right to be worried.

Doesn't the previous case support that I've communicated to restaurant owner that the committee only forwards the quotes to the university and the university is the one that accepts or rejects the quote? Can this be an evidence that the restaurant owner was aware of the procedure and an acceptance from the committee/club to forward the quote is not equivalent to acceptance from the university?

 

[quincy]

Doesn't the previous case support that I've communicated to restaurant owner that the committee only forwards the quotes to the university and the university is the one that accepts or rejects the quote? Can this be an evidence that the restaurant owner was aware of the procedure and an acceptance from the committee/club to forward the quote is not equivalent to acceptance from the university?

Possibly. I suppose it could also be used by the restaurant to show how arrangements for your events have in the past been rather relaxed in nature (e.g., contracts by text) and that contact with the university was a formality only.

Again, I recommend you turn everything over to the school's legal department. And I would do this soon.

 

[Zigner]

FlyingRon pointed out that the NJ statute of frauds may come in to play because the value is over $500, but there are exceptions to that which may apply in this case:

https://www.lawserver.com/law/state/new-jersey/nj-laws/new_jersey_laws_12a_2-201
Specifically:

(3) A contract which does not satisfy the requirements of subsection (1) but which is valid in other respects is enforceable.

(a) if the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller‘s business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or...

In this case, the restaurant can argue that "a substantial beginning of the manufacture or commitments for their procurement" have been made.

 

[LdiJ]

Thank you! I would also like to add that we have sourced one of our previous events from this restaurant A. In that case after I submitted a quote to ABC (University representative), I texted the restaurant A owner saying -

"Sorry couldn't call you, the university has accepted your quote. There are certain formalities that need to addressed. I'll call you asap"

In this case I texted them-
"The committee/club is ready to go for your quote. I'll forward the quote to ABC (university representative) and keep you in loop like before"

I was worried that this statement from me might cause trouble

Just watch it in the future and use more formal language instead of things like "go for". Like I said, if you could have even stated the "go for" bit if you had followed it up with "I am forwarding it to the University for a final decision". With that much money involved, there you should never allow there to be any ambiguities.

Or even, "the club is leaning towards your quote but we do not have the final decision making power so we have forwarded to the University to make the final decision".

 

[quincy]

Just watch it in the future and use more formal language instead of things like "go for". Like I said, if you could have even stated the "go for" bit if you had followed it up with "I am forwarding it to the University for a final decision". With that much money involved, there you should never allow there to be any ambiguities.

Or even, "the club is leaning towards your quote but we do not have the final decision making power so we have forwarded to the University to make the final decision".

I agree. IF any contract was formed between Kurt B and Restaurant A, it was a sloppy one at best.

 

[Kurt B.]

The event is 4 days from now. You said that the club was ready to "go for" the quote. Any restaurant would almost had to have ordered raw materials for an event that close. The restaurant might really have a case against you. Your wording was very poor and you clearly did not explain the situation.

You should have said that you were forwarding the quite to ABC for a final decision. The restaurant that HAS been chosen may have trouble accomodating the event with such little notice.

The event isn't that big either. We are hosting not more tha 400 attendees. The new vendor we are ordering from is of the opinion that food shouldn't be started until 2 days from the event else it's gonna get spoilt

 

[quincy]

The event isn't that big either. We are hosting not more tha 400 attendees. The new vendor we are ordering from is of the opinion that food shouldn't be started until 2 days from the event else it's gonna get spoilt

Restaurant A probably was not preparing the food but rather ordering the food so it was ready to prepare for the event. That is where the cost comes in.

I hope you have by now handed the matter over to the university's legal department.

 

[Kurt B.]

Yes I have. I just strongly hope that the restaurant doesn't actually file a lawsuit for 3k which is big amount for me as student but not a very significant amount for the restaurant to cover considering nothing out of the menu was placed mentioned in the quote and the raw materials can be used for the restaurant's daily use. Also as I'm not an American citizen, do I have the right to have a pro Bono lawyer?

 

[quincy]

Yes I have. I just strongly hope that the restaurant doesn't actually file a lawsuit for 3k which is big amount for me as student but not a very significant amount for the restaurant to cover considering nothing out of the menu was placed mentioned in the quote and the raw materials can be used for the restaurant's daily use. Also as I'm not an American citizen, do I have the right to have a pro Bono lawyer?

You have no right to a pro bono attorney whether you are a citizen of a foreign country or a citizen of the US. And this would not be a criminal matter so you are not eligible for a public defender.

This is a contract dispute and would be handled in a small claims court, if the dispute actually gives rise to a lawsuit. It might not.

As a note: Food has expiration dates. I don't know of many restaurants that can use up all of the food ordered for a party of 400 if the party cancels.

 

[Kurt B.]

You have no right to a pro bono attorney whether you are a citizen of a foreign country or a citizen of the US. And this would not be a criminal matter so you are not eligible for a public defender.

This is a contract dispute and would be handled in a small claims court, if the dispute actually gives rise to a lawsuit. It might not.

Any advises if at all the restaurant files a complaint? Is there something I could do to help myself other than settling matters with restaurants owner (as I already tried that)

 

[quincy]

Any advises if at all the restaurant files a complaint? Is there something I could do to help myself other than settling matters with restaurants owner (as I already tried that)

I recommend you let the university's legal department communicate with the restaurant and I recommend you step back to let the university lawyers negotiate with Restaurant A.

I know you are pressed for time and have arrangements with Restaurant B to finalize. I know you want a simple resolution to this dispute. You have a better chance of getting what you want by letting the professionals do what they do.

 

[Zigner]

Yes I have. I just strongly hope that the restaurant doesn't actually file a lawsuit for 3k which is big amount for me as student but not a very significant amount for the restaurant to cover considering nothing out of the menu was placed mentioned in the quote and the raw materials can be used for the restaurant's daily use. Also as I'm not an American citizen, do I have the right to have a pro Bono lawyer?

Do you REALLY think that $3k is a small amount for a local restaurant?

 

[Kurt B.]

I recommend you let the university's legal department communicate with the restaurant and I recommend you step back to let the university lawyers negotiate with Restaurant A.

I know you are pressed for time and have arrangements with Restaurant B to finalize. I know you want a simple resolution to this dispute. You have a better chance of getting what you want by letting the professionals do what they do.

Yes, agreed. Thank you for all your responses Quincy.