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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71554
Experience:  Over 5 years in practice
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Hi My daughter is getting married on the 18th August and

Customer Question


My daughter is getting married on the 18th August and has hired a band to play at her wedding. All of the negotiations were done by phone and email. They contacted a band in December last year and paid a deposit in January which was accepted.

One of the band members has phoned her today to say they are cancelling as they have been booked to play overseas from the 10th to the 19th August. Where does my daughter stand, obviously they are not going to have this band at their wedding, so now have to start finding another band at fairly short notice. Has the band broken its contract?

Margaret Climie
Submitted: 5 years ago.
Category: Law
Expert:  Jo C. replied 5 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What does the contract say re cancellation?
Customer: replied 5 years ago.

The correspondence was all done by email and we cannot see any reference to cancellation policy.

Expert:  Jo C. replied 5 years ago.

Has she paid already?
Customer: replied 5 years ago.

She paid a deposit in January. They are trying to find another band but the ones they have contacted so far are already booked up.

Expert:  Jo C. replied 5 years ago.
Have they returned the deposit please?
Customer: replied 5 years ago.

Theu will return their deposit.

Expert:  Jo C. replied 5 years ago.
Thanks for the information.

They are in breach of contract. They agreed to play and they have refused to do so. The question is what remedy is available.

They will return her deposit as they should so she suffers no financial loss.

She is under a duty to mitigate her loss by seeking a new band though. She does have a month at least. I realise that is short notice. If she needs to book a more expensive one then that is something arguable that she can claim against them.

If she cannot find one at all though then unfortunately there is no financial loss in that and so no claim could be brought per se.

Can I clarify anything for you?