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Sarah and Peter hired Big Apple Catering to provide catering services for their wedding reception scheduled for August 20, 2022. The couple invited 300 guests
Sarah and Peter hired Big Apple Catering to provide catering services for their wedding reception scheduled for August 20, 2022. The couple invited 300 guests to their wedding reception and they were excited to share the day with their large extended families. The terms of the written contract with Big Apple Catering stated that the couple could cancel the catering service any time up to 30 days before the event. A non-refundable deposit of $2,000 was required, which was paid by Sarah and Peter at the time of booking. The contract did not contain any language about what would happen if unforeseen circumstances arose such as a global pandemic. As a result of the COVID-19 pandemic, the wedding venue informed Sarah and Peter on August 15, 2022 that the full guest list could not be accommodated due to pandemic restrictions. Only 50 guests would be permitted to attend. Big Apple offered to provide its services at a later date when the full guest list could be invited, or apply the $2,000 deposit to a less expensive wedding reception for 50 people on the original August 20th date (which would comply with the pandemic restrictions). Sarah and Peter are very upset and do not wish to have a smaller wedding reception. They demand a refund of their deposit from Big Apple Catering. Big Apple Catering insists that its deposit is non-refundable. Did the pandemic frustrate the contract between Sarah and Peter and Big Apple Catering? Set out arguments FOR and AGAINST each party's position.
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