Can a wedding venue sue for non payment if the wedding was cancelled

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Can a wedding venue sue for non payment if the wedding was cancelled

My daughter was to be married Nov. 11th we paid the deposit a year ago and the
total was due 12 weeks prior to the wedding date. they where holding a check to
post today and have never mentioned cancelling the even due to non payment. The
wedding was called off 2 days ago and I put a stop payment on the balance.. The
owner is now saying she is going to sue for the balance since its within the 12
weeks. However, ethically I should pay her I know…. But legally the contract
states any money paid will not be refunded within the 12 week prior to the
wedding. No money but the deposit has actually been paid. SO, can she sue for the
unpaid balance?

Asked on October 23, 2017 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, she can sue for the unpaid balance unless the contract, by its terms, limits her to the deposit. If not limited contractually to keeping the deposit as her sole rememdy or recourse, she can sue for the full amount when you cancel and breach the contract, such as due to the wedding itself being called off (which, after all, is not the venue's problem or concern). 
More accurately, she can sue for her lost *profit* if it exceeds the deposit. Profit in this case is what you'd pay her less expenses she can avoid by not having to have the affair. Example: say the wedding cost is $20,000. If in hosting the weddding she would have incurred $10,000 in various food, supplies, staff/payroll, etc. costs, her profit--or what she has lost--would be $10,000; that's what she could sue for. If she is holding a $3,000 deposit in this example, she could sue for the extra $7,000.


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