kcomissiong
Jan 18, 2011, 09:28 AM
We entered a pageant for out daughter and provided the required entry fees. The director never mentioned that there would be a certain number of contestants that had to pay before the pageant would go forward. I spoke to her several times via email and she never mentioned the possibility of cancellation. We purchased wardrobe specific to this pageant (winter wonderland theme) and incurred expenses for alterations, which makes the clothing non-refundable. She canceled the pageant 36 hours before and notified me via email, which I did not receive until it was too late. I did not find out about the cancellation until 45 minutes before the event while standing in the hotel (after I called her to find out what was going on). She claims to have mislaid our entry paperwork and as a result, did not call us and says that her email notification should have been enough. She says that she canceled because she did not have enough contestants to make the drive. She did not even notify the hotel where the pageant was to be held, as they thought the event was still going forward and had the room set up when we arrived. Our five year old was absolutely devastated, as she had practiced and was very excited about the pageant. She has offered to return our entry fees, but will not reimburse us for the expenses we incurred as a result. Is this a breach of implied contract?
Are we able to sue for the expenses we incurred? (we have the receipts to prove that these items were purchased specifically for this pageant and were purchased only after we registered and paid our entry fees). Did she fail to do her due diligence but not calling us to inform us of the cancellation, or never mentioning that the pageant going forward was contingent on the number of contestants? If we sue her successfully, do we have to turn over all the items that we purchased to her?
Are we able to sue for the expenses we incurred? (we have the receipts to prove that these items were purchased specifically for this pageant and were purchased only after we registered and paid our entry fees). Did she fail to do her due diligence but not calling us to inform us of the cancellation, or never mentioning that the pageant going forward was contingent on the number of contestants? If we sue her successfully, do we have to turn over all the items that we purchased to her?