You are here: Home Business Law Breach of contract by limo company?

Sponsored Ads

Practice Areas

Are you a Lawyer?

Get leads and new clients when you participate. Build your profile today, it’s takes just minutes and it’s totally free.

Get started today

Question

Asked 338 days ago by a user from San Marcos, CA

Breach of contract by limo company?

We requested a quote from a limo company for my daughter's birthday party. We provided all the requested info including pick up and drop off location including city and state. We received a quote with a confirmation of the addresses. We accepted the quote, followed instructions and payed online for the service. The next day the driver called and said he couldn't find it on the map. We confirmed the address he said he thought it was in Pasadena not San Diego. We said we gave the address and city. He hung up and owner of company called and said there is the same street in Pasadena and they didn't realize it was in San Diego. The owner said he wouldn't honor the quote and could not do it for that cost. He said instead of 400 it would be 800. Since the error was on their part and we have the quote and they accepted our payment... Don't they have to honor it? Is it breach of contract? Can we do anything?

Share | Link | Abuse | See Similar

Ads By Google

Answers

Answer 1 of 1 - Answered 337 days ago

Frank A. Natoli Esq. - Lawyer from New York, NY

Hi,

This could just be a mistake and no one gets a winfall because one party made a error. What I would do is call a competitor and make sure what they are asking to get is in line with the market price.

Assuming it is, I would try to negotiate first. For example, offer 600 and meet them in the middle and ask that they take some responsibility because you told them upfront what the correct address is. If that doesn't work you can agree if you believe that their fee is still a good one. You can hire another company pay them then file a small claims action against this first company to get your money back claiming that they accepted payment for the job based on the correct address but refused to provide the service for the negotiated price - thus a breach of contract.

All the best,
Frank
www.LanternLegal.com

View Attorney Profile | Phone: (866) 871-8655 Abuse

Ask a New Question Add Your Comment or Answer

New user? Join us and participate.
Learn More

Top Lawyers

Frank A. Natoli Esq.
Natoli-Lapin, LLC

New York, NY
View my profile

Eric J Gottfried Esq
Lefkowicz & Gottfried, LLP

New York, NY
View my profile

Harold Bollaci
Harold A. Bollaci, P.C.

New York, NY
View my profile

See All

Resource Center

Related Questions


This website does not provide legal advice; it only provides a community for members to discuss certain topics with each other. All postings are made solely by the individual member. We do not review any posting for accuracy, completeness, or adequacy. THE LAW IS DIFFERENT IN EVERY STATE AND CONSTANTLY CHANGES. ALWAYS SEEK LEGAL ADVICE FROM QUALIFIED LEGAL COUNSEL WHO IS LICENSED IN YOUR STATE. DO NOT USE THIS WEBSITE AS A SUBSTITUTE FOR QUALIFIED, INDEPENDENT LEGAL ADVICE. WE ARE NOT A LAW FIRM AND USE OF THIS WEBSITE DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP OR OTHER EXPECTATION OF CONFIDENTIALITY OR PRIVACY EXCEPT AS SET FORTH IN OUR PRIVACY POLICY. IF YOU RELY UPON ANY POST MADE BY ANY OTHER MEMBER IN CONNECTION WITH ANY LEGAL PROCEEDING, YOU DO SO AT YOUR OWN RISK. WE CAN NOT AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGE THAT RESULT FROM YOUR FAILURE TO CONSULT A LICENSED ATTORNEY. PLEASE SEE OUR TERMS OF SERVICE WHICH GOVERN YOUR USE OF THE SERVICES AT ALL TIMES.