In November 2021, the plaintiffs Philip Cameo and Alicia James went to a wedding show (Trade show,
Question:
In November 2021, the plaintiffs Philip Cameo and Alicia James went to a wedding show (Trade show, Wedding expo). They saw a booth where couples could enter a draw for a prize worth $20,000 towards their wedding reception. The prize was a $20,000 voucher to be used at the Swanson Banquet Hall. Swanson was one of the sponsors of the wedding expo. But, Swanson Banquet Hall was still under construction. They were promoting their new facility in advance of its opening. Swanson Banquet Hall was expected to be a gorgeous, shiny, brand-new banquet facility. Philip and Alicia filled out a ballot for the draw and they won.
They planned to get married and have a reception on September 14, 2022. Over the next while the couple went ahead making wedding plans. Meanwhile, Swanson Banquet Hall was still under construction. In May 2022, Philip and Alicia sent wedding invitations to 300 guests. The reception was planned to be held at Swanson Banquet Hall. But then everything went wrong. In July they found out that Swanson Banquet Hall would not be open and ready to hold their wedding dinner on September 14, 2022.
Philip and Alicia did find another place to have the wedding reception. And they decided to sue Swanson Banquet Hall.
More details:
The Plaintiffs (Philip and Alicia), the total cost at the substituted facility came to around $33,700, including the banquet hall expenses ($29,798); new invitations ($400) and table centrepieces ($3,500).
The Plaintiffs seek damages for $20,000 based upon breach of contract. In essence, the wedding now costs the couple much more than they had anticipated. The money they were suing for was the $20,000 prize voucher they won in the draw at the wedding expo.
Note: The ballot they filled out for the draw had the following written on it.
Provisions of all prizes are the responsibility of the contest sponsors. Prizes must be accepted as awarded and cannot be redeemed for cash or exchanged except at the sole discretion of the contest sponsors. Contest sponsors reserve the right to substitute a prize of equal or greater value if the described prize cannot be awarded for any reason.
Answer the following questions:
1. Was there a legal and valid contract (s) between the two parties? If so explain what type of contract was it.
2. Using some key points of "Contract law" which include "Frustration and Consideration," which one of these two applies to this case, or could it be both? Why?
3. Does Swanson Banquet Hall have the right not to honour the agreement as the Plaintiffs won the prize in a draw? Why or Why not?
4. If you were the judge how would you rule in this case? Explain why?
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts