My friend is in a popular band and has sold out all of their concerts in the past 2 years. A manager at a venue recently signed a contract with the band to perform 2 concerts in one evening for $50,000 total. The manager rented the venue, paying a non refundable guarantee of $10,000. The manager anticipated selling out both shows and hoped for over $100,000 in profit. A short time later my friend and his band told the manager that they were breaching and would not perform. The manager had not incurred any additional expenses and my friend and his band offered to pay the $10,000 to reimburse the manager for the deposit on the venue. The manager refused to accept the $10,000 and sued my friend and his band for $100,000 in lost profits as consequential damages. If the manager wins, what would they receive as damages?
2007-12-16 09:42:04 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
can the manager sue my friends band for specific performance?
2007-12-16 09:43:15 · update #1
The manager can sue for damages - if he can show that he reasonably expected to make $100K profits, he is entitled to expectation damages - that is, he gets put in the position he would have been in if your friend had not breached.
2007-12-16 09:50:39 · answer #1 · answered by browneyedgirl623 5 · 0⤊ 0⤋
No, specific performance is not available for personal services and monetary damages will put the manager in the same position as if the band had performed. I would agree with the manager that if he can show that the shows likely would have sold out, he would be entitled to his lost profits, not merely his out of pocket expenses. The band needs legal help. The case can be settled before things get into a lawsuit. As the band stands to make $50,000 by performing and to lose $100,000 by not performing, the settlement offer would probably include two make up performances.
2007-12-16 17:48:35 · answer #2 · answered by mattapan26 7 · 0⤊ 0⤋
Probably the $100k because that's how much money he lost on account of your friends. If there was a legitimate reason for their breach maybe the price would be lower but they're still going to have to pay.
2007-12-16 17:47:52 · answer #3 · answered by Kristina 3 · 0⤊ 0⤋
Who will win? The manager. How much? It depends on his lawyers & the judge or arbitrator. But I'd guess much more than the 10K your friends offered.
2007-12-16 18:01:07 · answer #4 · answered by The Wiz 7 · 0⤊ 0⤋
As with any lawsuit, the winner is the side with the most lawyers.
2007-12-16 17:50:45 · answer #5 · answered by Anonymous · 0⤊ 1⤋