Re: response to a gig cancellation?

[Bob Wiener <wiener...>]

I agree with what others have said on this matter, especially that court
action, even if possible, is usually not desirable or profitable in a
situation such as this.  The key is not how to win a lawsuit, but how to
avoid one.  The suggestions given (e.g., sizable deposit, written contract
clause, influence of others) all seem helpful.

I'm writing primarily to clarify that the facts of the situation you
described would seem to provide you with a cause of action (i.e., a legal
basis for a lawsuit).  There is no legal requiremnt for such a contract to
be in writing (unless it is agreed to more than a year before the even).  A
liquidated damage clause (that pre-determines the cost to a breaching party)
may be helpful as a deterrent and to determine damages in court, but is not
required.  The general legal rule is, a deal is a deal, although, as many
have already noted, there are those who don't behave with integrity and it
may be costly to get them to live up to their legal commitments.

As to the broken-off marriage wedding reception, that was just an example of
a situation in which there may be grounds for contractual discharge, that is
the paying party generally wouldn't have to pay a cent.  The possible
grounds for this example would be "frustration of purpose" (although I've
never seen such a case -- interested as to what some practicing attorneys
might think).   There are other theories as well (e.g., impossibility,
illegality), but none of them seem to apply to your situation.  In other
words, I don't believe that the organization has a legal "out".

Bob

----- Original Message -----
From: "Robert Cohen" <rlcm17 (at) hotmail(dot)com>
To: "World music from a Jewish slant" <jewish-music (at) shamash(dot)org>
Sent: Tuesday, May 21, 2002 12:45 PM
Subject: Re: response to a gig cancellation?

.....
I appreciate very much the responses to date--and, obviously, would welcome
> any additional thoughts; but my response to Bob would essentially be that,
> in the absence of a pertinent provision (which there isn't) in my letter
of
> agreement, I really don't *have* recourse in law to the organization's
> deciding to cancel (or, in this case, the group for which they made the
> booking deciding to cancel) my lecture--as opposed to if I *gave* the
> lecture and they didn't pay me; that would, of course, be actionable.
>
> I would, of course, appreciate correction/elaboration/emendation by more
> knowledgeable folks, including Bob.  Do we have any lawyers on this list?
>
> --Robert Cohen
>


---------------------- jewish-music (at) shamash(dot)org ---------------------+