QUESTION

Will I be able to get my money back?

Asked on Mar 27th, 2013 on Civil Litigation - New Jersey
More details to this question:
I paid $2K for a position (total of $4K) to have a position with other people at one table at two expos. So, paid $2K for San Diego expo; paid $2K for New York expo. The money went to the woman who paid for the expo entry fees. There was no contract. I alerted her that I now need to back out with the first expo 3 weeks away. I told her she could sell my spot. She said she cannot give me my money back for either expo.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You are mistaken that there was no contract.  You had an agreement with this woman that you would pay her $2,000 apiece for space at two expos.  That is a contract which probably did not have to be in writing.  The question is whether the two of you ever agreed on whether you had a right to back out.  If this was never discussed, you probably have no right to back out.  HOWEVER, in most cases a party aggrieved by a breach of contract has the obligation to mitigate their damages.  In other words, while you may have no right to back out of your agreement, the other party may be required to mitigate her damages by selling the space you were going to use to someone else, if she can.  Her damages would be reduced by whatever she can get for the space.  In other words, unless your agreement expressly provided that the money you paid was non-refundable (and maybe even in that instance), and even if you have breached the agreement, the woman would be obligated to return to you any money she can get for the space from someone else, so that if she were able to sell the space to someone else for $3,000 total, she would only be out $1,000, and would be obligated to return the remaining $3,000 you paid her.
Answered on Mar 27th, 2013 at 12:34 PM

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