More details to this question:
I am currently in the Army and hired a moving company to move my belongings. We signed a contract a month in advance and they knew they would be picking up my belongings from a military base. On the day they were supposed to be here no one showed up. I received an email at 4pm on the day of move stating they would not be coming to pick up my belongings. After many phone calls I got ahold of a representative who stated that their driver was too scared to come on base therefor they simply did not show up. I had to reschedule multiple appointments for my new home, as well as my current home (move out dates and inspections). This company has been a hassle to deal with as they do not answer the phone or answer emails. The moving company agreed to come pick up our belongings at a later date (outside of our contract dates) and showed up late with no notice of being late. Can we sue for specific performance or personal damage (stress, psychological). This is unprofessional of a company.
1 ANSWER
You can sue for anything, so technically the answer to your questio is yes, but you have no case for specific performance or psycholigical stress. You may have a case for breach of contract, but you would not be compensated for any emotional damage caused by a breach of contract and you can't get the remedy of specific pe4rformance where performance is basically fungible. You could hire another moving company and sue for anything you have to spend above the original contract price. Theoreticallly, if the court finds that the moving company materially breached your contract, thereby justifiying you in replacing it, you should win.
BTW, your case obviously doens't belong in DUI, my finger slipped when I tried to list it as breach of contract.
Answered on Jul 25th, 2021 at 7:49 PM