I work as an event planner and I was planning the 16th birthday party of a client. It was a very expensive party and I would have gotten a big check for it. I took on the job since the money would have been enough to pay for my wedding and then some. Anyway, I did a lot of work for this party: I chartered the plane, got the outfits, sent off for the custom made invitations, and went back and forth to the city the party was supposed to take place at. it was the hardest I had to work for any client and since I work on my own I had to turn away some potintenal clients just so I work on it. But since I couldn't get the venue that the girl wanted for the party, they fired me! And now I won't get my check! I was so hurt and disappointed and I think I should get something for all the hard work I did! We didn't have a written contract but I was told I would be paid, so can I sue them and get my money or not?
2007-08-08
04:44:12
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6 answers
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asked by
Anonymous
in
Politics & Government
➔ Law & Ethics
Find an attorney in your area and ask this question. This is difficult because it's a personal services contract, and if there was any agreement that you'd plan her party the way she wanted,and you didn't do that, you may have breached.
However, that does not necessarily mean you are not entitled to SOMETHING, even if you're not entitled to the contract price. There are legal concepts, including "restitution," "quantum meruit," and "promissory estoppel." They're al different, but they bascially mean that, even if the contract can't or wasn't completed, if you relied on promises, or if you invested time, money, and energy in completing the contract, you're entitled to compensation for that reliance or the work you'd done so far. This is the case whether you have a written contract or not. However, the application of these doctrines to your facts depend upon your particular state's law. That's why you should see a lawyer. Even just to have them write a nasty letter, that may encourage this wealthy person to settle.
I hope this taught you a valuable business lesson:
(a) Always get the party's expectations in writing, even if it's informal;
(b) ALWAYS get a security deposit, or an advance payment for costs and expenses!
2007-08-08 04:54:58
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answer #1
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answered by Perdendosi 7
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I have no idea why you would run a business like that and not have even a simple contract, especially when dealing with rich and spoiled people. How do you think they stay rich? It isn't by paying folks like you, I can tell you that.
You can still take them to small claims or civil court (depending on how much money you're out of) and sue them for what you're owed, but since you don't have any agreement in writing, you'll have to show receipts for what you paid for and have some memorialization of the time and effort you spent on the planning. It's going to be very difficult.
Next time, use a contract. It doesn't have to be complicated, just something in writing, spelling out what you have to do and what they'll pay you in return.
2007-08-08 12:10:16
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answer #2
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answered by Hillary 6
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You really need to get an attorney in your State to best advise you, but it was foolish of you to do all of the work that you did, if you are professional event planner, WITHOUT A CONTRACT!
Even if you sue, in most states, you will likely only be able to in the end collect actual damages, such as any deposits for fees that you paid out-of-pocket to secure for the party that they are now cancelling, not any of your time and expenses.
If you want to be a professional event planner, hire an attorney and have the paperwork signed that backs you up to protect your position in the future is the best advice.
2007-08-08 11:54:06
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answer #3
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answered by bottleblondemama 7
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Contracts do not have to be written to be enforceable, it just makes it a heck of a lot easier. What you have is a case of reliance and estoppel. Basically, you relied on what they told you, you acted on that reliance, and were damaged because of it. The damages were to be expected (Your outlays, your time, even your turning down other jobs). However, if the agreement was based on you getting that particular venue, no other venue would be acceptable, and it was your negligence that caused you to not get it, you're going to have a problem.
2007-08-08 12:10:10
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answer #4
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answered by Anonymous
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As there is no prove like a written contract it would be harder to sue them as it is your word against theres and all the work you did is not really prove you did it for that particular customer but id still try Good Luck and sorry for the work you done for nothing ):
2007-08-08 11:52:14
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answer #5
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answered by Cockney Hustler 3
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Party Planners...lol.
2007-08-08 11:48:05
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answer #6
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answered by ? 6
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