QUESTION
I recently got married. I ran into an issue with my ceremony harpist. Am I legally required to pay her the second half of her harpist fee?
Asked on Jul 29th, 2014 on Breach of Contract - Washington
More details to this question:
We agreed on $300 for her to play in my ceremony and she received a $150 deposit. We agreed she would not have shade for the wedding day because our ceremony was outdoors and the small musician-sized tents available from the venue were hideous. On the wedding day, as I walked down the aisle I was horrified to see one of the hideous tents over her. I asked the venue staff about it later and they said she demanded a tent. Basically, this harpist went behind my back to demand something that we had previously agreed she would not require. She made my ceremony look hideous and I am still very angry. Now I wonder if I am legally required to pay her the remaining $150. We agreed on $300 total, but we also agreed on no tent. She went against her word, so am I legally required to keep my word? We never signed a contract, it was all just discussed in some emails and I filled out a questionnaire for her with my requested ceremony songs, but no signature anywhere.
1 ANSWER
It depends on whether the contractual provision she breached is considered material. I know the "no tent" rule was material to you, but it may not seem so to an objective Judge or jury (it may, I'm not passing judgment one way or another), particularly if your wedding was on an especially hot day. As a practical matter, she may not want to sue you for $150, and if she does, you may not want to go to court over that amount, particularly when neither one of you has a "slam dunk."
Answered on Jul 30th, 2014 at 10:06 AM