Q: Can I cancel my wedding in NJ in 11/2020 under the impossibility clause for a full refund due to COVID?
I signed a contract and have paid. My fiancé is being deployed next year so we cannot reschedule. The venue is making changes to what is in my contract due to COVID restrictions and I want to just cancel and be refunded.
A: Depends upon your contract and circumstances leading up to your wedding date. I have information posted on website about this issue which may give you some insight.
A: In addition to whatever the terms are in your contract, there are principals of general contract law regarding unforeseeable intervening events, impossibility and frustration of purpose that may apply to your situation. In addition, if the venue refuses to allow you to cancel and return your deposit, its actions may be considered unconscionable under the New Jersey Consumer Fraud Act, which provides a prevailing consumer with triple damages and attorneys fees. You should ask a consumer law attorney to review your contract and the facts of your case. You may want an attorney to write a letter on your behalf in an effort to secure the return of your deposit. If the venue still refuses, or if you believe a letter would be futile and prefer to consider litigation, a consumer law attorney will assess the strength of your case and may offer representation in litigation at a low cost to you.
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