a law question (please answer in english) thx ^_^

用戶193170

2008-03-14 11:01 am

Adam is the religious leader of the religion that Bob and Carol practice. They
want to get married so they ask him to perform the ceremony. He agrees after telling
them that he takes such duties very seriously and spends a lot of time and effort
writing a sermon, thinking about the couple's particular personalities and preparing
some materials he likes to give to the couple. He also tells them that the charge
for his service is $ 2,000 and they agree. The morning of the ceremony, Bob and
Carol have a huge argument and cancel their wedding. Adam demands his $ 2,000 for
everything he has prepared but they refuse to pay, saying that they agreed to pay
him the money for marrying them, which he was not going to do. How could Adam have
avoided this mess?

回答 (1)

用戶2576

2008-03-15 2:03 am

✔ 最佳答案

For a contract to be binding on each party, the spirit of it in the contract must be preserved. In this case, Adam is providing a service to Bob and Carol at a consideration of $2,000 for the ceremony. Adam did it but not performing the whole process till the end of the ceremony as the other party did not performed their own part. So, Adam could ( 1) make a claim for the full fee of $2,000 from them as the contract could not be completed wholly and exclusively due to their non-performance or ( 2 ) make a claim for damage from them as Adam knows that he also did not perform the contract, of course, not at his own wish.
To avoid this in future, a formal written contract must be made stating the obligations and performance of each party, the time, the consideration, the condition that damage ( in full or in part ) could be claimed by each party.

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