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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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I own a wedding venue....a bride and groom were due to get

Customer Question

I own a wedding venue....a bride and groom were due to get married here in 1 week and have informed me today a third party sent an email 3 months ago cancelling the wedding. I have told them as it was not cancelled by them direct, their wedding estimate still stands, the third party have now contacted saying they were an agent for the said bride and groom and I have no comeback.
Submitted: 1 year ago.
Category: Scots Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Did the bride and groom sign a contract?
Customer: replied 1 year ago.
yes they did, to make you fully aware, we had an issue with HMRC back in February and the bride sent me an email asking if everything was ok. I told her the issue would be resolved and the wedding would go ahead as planned. The issue was of course resolved, so I left it until today to send her the wedding estimate, and pointed out that this was a gesture of goodwill as she had raised concerns back in February. They then told me the wedding had been cancelled as per an email from her father. I told them he was not a signatory on the contract therefore was not in a position to cancel it. The father has now sent me an email to say he was acting as their agent and the cancellation stands. I have had nothing verbally or in writing to authorise this. We have blocked off the whole hotel for their wedding next Saturday and their estimate is £7k. Our terms and conditions state that 1 week cancellation means the whole estimate is due.
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I am sorry I tried to reply earlier but could not get my connection to work. I did not realise you were in Scotland as this was posted in the general UK Law section. As Scots Law is a distinct area of law I cannot answer this question so will have to move it to our Scots law category where a Scots law expert will help you. Please do not reply in the meantime, thanks
Expert:  JGM replied 1 year ago.
I am a lawyer in Scotland. A party to a contract is normally entitled to appoint an agent to act for them. The main question here is did you receive the father's email? If so then the email has to be accepted as if it were from the principal parties to the contract. If it was not received then it does not. That is subject to anything in the contract as to intimation. Many commercial contracts exclude email intimation as being unreliable. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.
Customer: replied 1 year ago.
no email received,
how do I proceed from here?
Expert:  JGM replied 1 year ago.
You have to proceed on the basis that no notice of cancellation was given unless they can prove that the email was received.