Party's over, apparently...
January 22, 2007 3:23 PM Subscribe
ContractFilter: My friend had a contract for a superbowl party at a bar in Chicago. Nowhere on the contract does it say that the bar can cancel this contract at will.
posted by twiggy to Law & Government (37 answers total) 18 users marked this as a favorite
While there are terms indicating that if my friend doesn't cancel at least 2 weeks prior, he must pay a penalty, and there are terms indicating he must guarantee at least 20 attendees at $28 per person for this party, nowhere does it say the bar can cancel at will.
Of course, since it's in Chicago and the Bears have just made the superbowl today, they called him and said he can no longer have the party. It's worth mentioning the party was booked on December 13th
$28 per person was all inclusive for catered food and open bar for a few hours. Obviously this is because they could make more money if this party isn't held in the back room of the bar he had reserved.
The contract clearly states "Superbowl" on it so no argument can be made that they didn't realize the implications of the party.
In talking to the bar's manager, he admitted it was because the Bears were in the superbowl, and was completely rude about it. My friend even offered to pay more money, and asked "name a realistic price, I understand you could make more money by not having my party", and his return was "$100 a head".
What recourse does my friend have? There's no way on earth he'll be able to book a superbowl party anywhere in the city now that the Bears are definitely in, but he hasn't had to put a deposit down or anything like that, either. He was, however, obligated to pay for a minimum of 20 people regardless of how many showed up, and would have been obligated to pay a cancellation fee if he cancelled less than 2 weeks in advance.
At this point, part of it is principle. We realize the party's guaranteed to be off, but this bar owner (who owns several bars, not just one) deserves at the very least a bad name. He's broken a legally binding contract and we're not sure how to determine "losses" when the loss is being unable to have a party, rather than having paid for the party and not being refunded, etc.