Consumer Law, Warranties A Missed Documentation

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fosse

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My dance studio/company had our annual Showcase, which this year was also our 10 year anniversary performance. The dances performed are works we have rehearsed for the past 6 months. Since the studio's beginning 10 years ago, we have a video company record this "one" time performance. The video company I hired for this year has also been the video co. I have hired for the past 6 years. The first year this company was hired we had a written contract, since then the agreement for service has been a verbal agreement as well as verification of the dates of service via email. Because of a mistake on the part of this video company, they were not at this years performance and didn't record our 10 year Showcase as agreed. This video company admitted in a phone message and an email that they marked the wrong date on their calendar, even though a confirmation email was sent 2 months previous to this years Showcase. Not only is this video places in the studio's personal archives but my clients have placed orders and paid for copies of this video for their personal use. I now have no record of this Showcase and no video's to fill the orders place. Can I demand compensation for this error from the video co.?
 
Bob? Is that you? You should be able to afford a real lawyer. :)

You can demand it, but I don't know about your chances of getting it. I presume the "compensation" you seek is the profit you would have made by selling copies of the video. What you're seeking might be known as "pure economic loss" and recovery of that type of damage may be limited. If you can show X orders at Y profit per order, you could very well be entitled to that. I'd present it to the video company as a legitimate loss on your part caused by their mistake.
 
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