Re: "Enforceable" Contracts

[Robert Cohen <rlcm17...>]

I'm certainly not sure here, and am no lawyer, but quite aside from the 
merits of the issue--personally, it seems to me unethical to break a 
contract and not pay the artist--I'm not sure that Small Claims Court can or 
will resolve the matter.  My impression is that such courts only deal with 
matters of damages arising out of $ actually spent, not with matters of lost 
income (as here).

So if an artist accepted a deposit and didn't show, she could be sued in 
Small Claims Court for the amount of the deposit (but not for more--not in 
_that_ court).  But not the reverse--however unfair that seems, or is.  If 
the artist actually expended $ specifically in anticipation of a canceled 
gig, then I would imagine it could be recovered in Small Claims Court.

Just my thoughts--check w/ a lawyer, or with your local Small Claims Court 
itself.

--Robert Cohen



>i may be wrong here, but isnt this what small claims court is for?  no
>lawyers necessary, and indemnities up to 2500 dollars?  the injustice of
>it can only be adressed in material terms, but i would guess that this
>is how to enforce such a broken contract.
>jonathan gordon
>
>

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