What to do if I catered baked goods to a party for a customer who still had a balance remaining and she then stated that she didn’t feel she should pay the remaining balance because I was late?

Is that legal? it was over 40% of the total. I informed the customer that I was going to be late and she was okay with that. Once I arrived, the customer asked me to set up the goods. I did so.

Asked on September 21, 2015 under Business Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue the customer for breach of contract / account stated.  Your damages amount of monetary compensation you are seeking in your lawsuit would be the amount you are owed minus any minor adjustment if you decide to offer a reduced rate for being late as you have indicated.
The fact that you were late with regard to a separate catering assignment does not have any impact on a prior balance because each assignment is separate and divisible and under contracts this would be performance in lots.  In other words, each catering assignment is a separate agreement and a breach of contract in one being late does not have any effect on the prior or future catering assignments.

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