Charlotte, NC asked in Contracts for North Carolina

Q: Wedding was cancelled due to covidWedding venue does not want to refund money from Covid-19 is there anything we can do?

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1 Lawyer Answer
David Allan King
David Allan King
  • Raleigh, NC
  • Licensed in North Carolina

A: The contract you signed may have a "force majeure" clause that explains what extraordinary circumstances void the contract. If the contract has no such clause, you may still argue:

- Frustration of purpose: when the purpose of the contract (for you) is destroyed by unforeseeable circumstances.

- Impossibility: when it is impossible to perform the contract (for the wedding company) due to unforeseeable circumstances

- Illegal contract (maybe): Illegal contracts are unenforceable. However, the contract was legal when signed (pre-COVID restrictions), so I would have to look into how this applies.

If the money you paid was a deposit, different rules may apply, but this gives you some direction in terms of answering your question. A lot of contract attorneys are debating this very issue, since COVID has created widespread issues regarding cancellations.

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