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Old 03-24-2018, 10:31 AM   #1
PL 88
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Default Failure to perform at paid engagement

I am a singer who performs often, and I agreed to perform at a private party. I was paid $100 deposit and the balance of $275 was to be paid on the day of the performance. Unfortunately my vehicle broke down and I was unable to fulfill the engagement or notify the organizers. Consequently they had to "last minute" book a replacement. This cost them $500 and they also booked a "spare" for $300. They are threatening to sue me and take me to court if I don't pay them $800 which is for $500 for the replacement singer, 300 for the "spare" -- Do I have to pay this amount or can I just pay the $100 deposit .

There was no contract. So no other contract terms apply.
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Old 03-24-2018, 11:05 AM   #2
adjusterjack
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Default Re: Failure to perform at paid engagement

Yes, there WAS a contract:

"I agreed to perform at a private party. I was paid $100 deposit and the balance of $275 was to be paid on the day of the performance."

You breached it:

"I was unable to fulfill the engagement or notify the organizers."

You owe "damages" for your breach.

I can see you owing the $500 for the last minute replacement but the spare was not necessitated by your breach so I would decline the additional $300.

If you got sued, they would be sure to win on the $500 plus filing and process service fees, (another hundred or so). And you would likely get a bad rap on social media.

I suggest offering the $500 in exchange for a written release of any further liability.

Going forward I suggest you have a written contract that limits your liability in the event of cancellations for reasons beyond your control.
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Old 03-25-2018, 10:33 AM   #3
Lana46
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Default Re: Failure to perform at paid engagement

I am not sure she would owe 500.

She was going to get paid 100 plus 275. That she does not get.

It is possible she would have to pay the difference between 375 and 500 (500 paid to cover the damages and hire a new person)--125.

But she shouldn't need to pay the whole 500. The customer was going to pay 375 anyway so their only real damage was the extra 125 they had to pay to hire the new singer.
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Old 03-25-2018, 11:20 AM   #4
adjusterjack
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Default Re: Failure to perform at paid engagement

Lana46, you are absolutely right and I am smacking my head with a 2x4 for missing that.



Except she already got paid the $100 so she would have to give that back plus the $175.
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Old 03-25-2018, 10:31 PM   #5
lana46
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Default Re: Failure to perform at paid engagement

It is odd that she did not return the deposit ASAP!

Even that might have calmed them all down a bit.
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Old 03-26-2018, 11:46 AM   #6
Lexus
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Default Re: Failure to perform at paid engagement

In this regard you might oppose their demand on the basis of lack of contract with material terms, but that will affect your credibility as a professional singer. It is good to have a friendly negotiation with them to smooth the situation and that may lead to some new contracts.
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