Contractual obligations
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Contractual obligations
I recently paid a company for some digital printing work on shirts, and the last minute when they knew they couldn’t deliver on the date- they started backtracking and playing games. The sales guy I was working was side tracked and his director contacted me. He started haggling on the price first, then offered lower quality shirts instead of the ones I ordered because the company was taking a huge loss, the stated he was outsourcing the job even though it is a large company and they said they do it all on site.. at the end changed the delivery date to couple days after the originally promised date -knowing fully well that the shirts were for a specific event and having the shirts after that was useless. He also retracted the free delivery and wanted me to come pick it up and, additionally sign documents waiving my right to return/refund. He had this
Asked on March 21, 2017 under Business Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can sue them for breach of contract: for violating what they agreed to do. When one party (you) performs his/her obligations (e.g. paid what you were supposed to; provided any instructions, specifications, etc. you needed to provide) and the other party fails to perform its reciprocal obligations (e.g. did not produce and deliver the shirts), a court can hold the breaching party accountable. They can be held liable for the reasonble foreseeable (basically, logically predictable) consequences of their breach: that can include lost profit (if sufficient certain and quantifiable) from the non-breaching party (you) being unable to meet its own committments due to their breach. A lawsuit for breach of contract is therefore the way you can seek compensation.
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