how to prove breach of contract

UPDATED: Sep 30, 2022

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how to prove breach of contract

We signed a contract with a company for an event, however due to
unfortunate circumstances, we had to cancel the event. The contract
stipulates that they give no refunds at all and the contract cannot be
modified without authorization and approval of both parties. There was
an additional service added to the contract after it was signed by us.
Should there have been an amendment signed by us after the add.
service was added? We need to try and recoup some of our monies back.
Thanks in advance.

Asked on April 6, 2016 under Business Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The additional service will not affect that part or terms of the contract relating to the lack of refunds; whether you signed it or not is irrelevant for this purpose--not signing the amendment for the service might mean that they can't charge you extra for that service, but does not alter unrelated terms.
Furthermore, as a general matter of contract law, if A contracts with B for B to provide services, and B is ready, willing, and able to provide said services, then if A cancels for *any* reason--whether it's fault or not--B is entitled to the payments due under the contract, since B was ready to fulfill its obligations.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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