My wedding cake didn't show up, can I sue? - Page 2

JoshuaD · #11 07-02-2005, 12:21 AM

My absolutely non-legal opinion is that you have a case. The lady owes you more than the price of the cake, IMO. In contract law, the only thing that can compensate someone in a contract is the exact item promised. You can't sell a painting, and then give them a different painting of equal value.

Similiarly, this lady can't give you the monetary value of the cake and consider her contractual obligation fulfilled.

I think it would be silly to sue, however.

-Skeme- · #12 07-02-2005, 12:26 AM

Saw this case on one of the court shows. It sucks for you, but I wouldn't sue. Full refund and free cakes are nice. Can't you order another personal cake and eat it with your wife in private? Make it romatic, bud. Then SIIHP.

vulturesrow · #13 07-02-2005, 12:31 AM

[ QUOTE ]
Saw this case on one of the court shows. It sucks for you, but I wouldn't sue. Full refund and free cakes are nice. Can't you order another personal cake and eat it with your wife in private? Make it romatic, bud. Then SIIHP.

[/ QUOTE ]

Or find the cake lady one night and SIIHP. [img]/images/graemlins/grin.gif[/img]

PhatTBoll · #14 07-02-2005, 12:31 AM

You could sue and win but it would not be worth your time. Move on.

BretWeir · #15 07-02-2005, 12:48 AM

I'm a lawyer, and the short answer is you could sue for the price of the cake, but probably couldn't recover anything more than that.

This is basically a breach of contract case (you agreed to pay her, she agreed to deliver the cake, and she didn't live up to her end of the bargain).

The usual rule is that you can't recover punitive damages based on breach of contract, unless there was some independent wrong apart from the other party's failure to live up to their end of the contract.

Also, the law in most states doesn't allow you to recover for emotional distress just based on a breach of contract. (Though states some do, they're in the minority.)

That said, this sounds like a pretty awful situation. I'll bet that most of the posters telling you just to suck it up and deal have never been through the process of planning a wedding.

dabluebery · #16 07-02-2005, 01:48 AM

So what happened at your wedding? What did they serve for dessert? What did you guys cut? Or did it not happen at all? I feel like such a woman for asking.

I got married a year ago. I thought about this for a long time, wondering if I'd have cared if this happened to me. I definitely wouldn't have cared.

I mean, it would suck, but if that's the worst thing that goes wrong at an elaborate event like a wedding, take it and run. That is, of course, if the catering hall made some sort of arrangement for dessert and for the cake cutting ceremony or whatever else was important.

iMsoLucky0 · #17 07-02-2005, 02:12 AM

We had plenty of other food for everyone to eat but no dessert. When we realized the cake wasn't coming, someone ran out to wal-mart and got a 20 dollar celebration cake that we cut for the ceremony. It really didn't bother me much at all, but my wife was very upset by it (she cried). Everything else went perfect.

PokerFink · #18 07-02-2005, 02:35 AM

[ QUOTE ]
I mean, it would suck, but if that's the worst thing that goes wrong at an elaborate event like a wedding, take it and run.

[/ QUOTE ]

I don't agree with this. I work as a caterer, so I have been to a LOT of weddings this summer. The vast majority of them go off without a hitch, atleast nothing that the guests would notice. Generally the worst thing that happens is someone's dinner is overcooked. I haven't seen anything even remotely as bad as the cake not showing up.

I don't know what kind of wedding the OP had, but people pay a hundred grand plus for weddings these days. People make their living planning and executing weddings, and they should not be screwing up such an important thing.

To the OP, I'm sure you have grounds for a lawsuit, but I don't think it would be worth the hassle. I would have asked for something like 1.5x the cost of the cake as a refund, but since you can get a free cake, just run with that.

OtisTheMarsupial · #19 07-02-2005, 02:40 AM

I agree with the lawyer. It's breach of contract and basically all you can get is your money back plus a little, but since you've already done that, point's moot.

Insurance companies now sell "wedding insurance" for just these sorts of things. Now, doesn't that make you a little sick to your stomach?

somethingstupid · #20 07-02-2005, 02:42 AM

change your screenname