What does "next Christmas" mean?

[alligatorob]

Utah

I booked a vacation rental and put down a substantial deposit for "next Christmas" the booking was made and the deposit paid this past May (2009). Now the owner is claiming that "next Christmas" meant December of 2010, not 2009. We got all this in writing, including the words "next Christmas" but no where was the year written, it never occured to me that someone would think next Christmas would mean a date over a year and a half away.

Is there a legal definition of what "next Christmas" means?

Problem is I think the guy double booked Christmas week and is now trying to use this excuse to get out of his commitment to us. Any advice would be appreciated.What is the name of your state (only U.S. law)?

 

[justalayman]

Is there a legal definition of what "next Christmas" means?

I seriously doubt it so it relies on the common definition. In my opinion, "next" is an abbreviated form of "the next" which would mean the first of that day that rolls around.

So, what do you want to do? Would you be willing to simply get your money back?

 

[alligatorob]

So, what do you want to do? Would you be willing to simply get your money back?

What I want is the house as contracted, but I don't think that's going to happen. I will be very unhappy just getting my money back, we have booked a vacation purchased tickets and have others coming to meet us. It will be very hard to get another place as big as we want for the holidays at this point. I guess what I want is the house we contracted for; but if that doesn't happen I'd like him to pay the difference if we end up having to spend a lot more to find a place at the last minute.

Thanks for the interpretation.

 

[justalayman]

then I would tell him that. If you push harder than the other folks he may have booked, he may have an epiphany and realize you were right all along.

detrimental reliance is what you have on your side. That is where you make decisions and in this case, very likely paid money that may be lost based upon your contract. You can argue in court that he should be liable to cover all of your losses if you cannot find comparable arrangements and lose money due to the need to cancel everything.

 

[Cvillecpm]

THIS Christmas is 2009 * NEXT Christmas is 2010.....start looking for another place and get your $$$$ back

 

[alligatorob]

Cvillecpm thanks for the input but that doesn't sound right to me. I looked up the definition of next and found (thefreedictionary.com), consistent with what justalayman said:

next
adj.
1. Nearest in space or position; adjacent: the next room.
2. Immediately following, as in time, order, or sequence: next week; the next item on the list.

If someone told you to take the next right which street would you turn on?

I can't see a reasonable interpretation of "next Christmas" as being something over a year and a half away (this transaction took place in May).

But I may be stuck, at this point I am waiting for the guy to respond to my latest email. I told him that what I really want is the house for Christmas of 2009, we'll see.

 

[justalayman]

If someone told you to take the next right which street would you turn on?
.

I believe that supports my definition perfectly.

Cvillecpm THIS Christmas is 2009 * NEXT Christmas is 2010.....start looking for another place and get your $$$$ back

if nothing else, OP would have a valid argument to void the contract due to the fact there was no "meeting of the minds" which is requisite for a contract to be valid.

I could see your argument if it was immediately prior to this Christmas where one might confuse this Christmas and next Christmas.

So, what do you say to the example of the next street? or, if it were Dec 26 2008 and I said "next Christmas we will have dinner at my house"; would you be expecting to show up at my house in 2009 or 2010?

 

[Cvillecpm]

If NEXT is 2009 - what is THIS? You were UNCLEAR as has been stated.

 

[TigerD]

Regardless of the debate over this v. next, the OP was wrong for failing to specify the date. If you are ambiguous, it isn't his fault the date is wrong.

And by the way, next Christmas is 2010.


DC

 

[justalayman]

If NEXT is 2009 - what is THIS? You were UNCLEAR as has been stated.

You never answered the questions I posed. If it is dec 26 2008 and somebody says "next Christmas" what year are they referring to.

debtcollector` Regardless of the debate over this v. next, the OP was wrong for failing to specify the date. If you are ambiguous, it isn't his fault the date is wrong.

And by the way, next Christmas is 2010.

It most likely was not the OP's contract but the owner or manager of the property. Especially since there is ambiguity in the contract and most likely the OP did not write the contract, the ambiguity is often considered in the terms of the one NOT writing the contract.

 

[TigerD]

It most likely was not the OP's contract but the owner or manager of the property. Especially since there is ambiguity in the contract and most likely the OP did not write the contract, the ambiguity is often considered in the terms of the one NOT writing the contract.

Fair enough.

DC

 

[Joshuaace2]

You never answered the questions I posed. If it is dec 26 2008 and somebody says "next Christmas" what year are they referring to.

No argument on this scenario, it would be X-Mas 2009.

But if it is 05-30-09 and I say NEXT X-Mas, I could easily argue either, depending on which dog I had in the fight. What a messed up situation.

 

[justalayman]

No argument on this scenario, it would be X-Mas 2009.

But if it is 05-30-09 and I say NEXT X-Mas, I could easily argue either, depending on which dog I had in the fight. What a messed up situation.

exactly and what happens with contracts that are ambiguous?

see my post DC quoted.