Who decides what happens if a contract cannot be performed as originally intended?

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Who decides what happens if a contract cannot be performed as originally intended?

I am a DJ and I have a contract with a lady. It states that if I cannot make the date due to unforeseen circumstances either a replacement will be sent or a refund will be given. I set up the replacement and advised her and she refused the replacement and wanted the refund. Now I am away taking care of the reason why I cannot make her date and she is continuously calling about the refund and not understanding. I don’t have the resources with me to send her a refund at this very second. Since I set up a replacement and she refused it, is she entitled to a refund?

Asked on September 4, 2010 under Employment Labor Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Here is the problem: you gave her the right to choose and she did.  Now she wants her money back and from what you have stated here, she has every right to ask for it.  And now you may have no choice but to send her the refund. Does your contract call for your ability to cure the breach, so to speak, and give you the last word on doing the gig or not?  You may have to do some fast talking here or borrow the money to pay her back.  It is unclear what you mean by "not understanding."  She clearly understands what her rights are; you spelled them out for her in the contract. Good luck.


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