Consumer Law, Warranties Contract w/Caterer but Groom-to-be Died 6 days b4 wedding

[CShorty908]

The groom died 6 days unexpectedly of a massive heart attack. He was 37. The wedding hall/caterer was paid in full. I would like to know if the money should be refunded due to his death. The wedding hall/caterer is refusing to give back any of the money stating that it was a breach of contract. I thought that if someones who is a party to a contract that it would be null and void. Please help. The woman who was suppose to get married needs this money. She is taking care of her deceased's fiance's son (who is not her son). There was no life insurance. It's a very complicated issue and the last thing she needs now is to fight for something else that may require a lawyer which is an expense that she cannot afford. Thank you for any help you can give me.

 

[WebJunkie]

The groom died 6 days unexpectedly of a massive heart attack. He was 37. The wedding hall/caterer was paid in full. I would like to know if the money should be refunded due to his death. The wedding hall/caterer is refusing to give back any of the money stating that it was a breach of contract. I thought that if someones who is a party to a contract that it would be null and void. Please help. The woman who was suppose to get married needs this money. She is taking care of her deceased's fiance's son (who is not her son). There was no life insurance. It's a very complicated issue and the last thing she needs now is to fight for something else that may require a lawyer which is an expense that she cannot afford. Thank you for any help you can give me.

The quick answer is... what does the contract say?

Likely, the contract doesn't have an 'in case of death' clause, and most contracts I've seen (I've been planning my own wedding as of late) simply say that after X date, all paid fees will be non-refundable.

Morally, sure, they should give back the money, or at least a portion of it, seeing as while they did do some prep for it, they did not actually hold the event, but legally, they're probably quite justified in not returning anything paid to them.

Also, the fiance's son should probably go to the child's mother, or if she is not around, grandparents, as the woman has no family nor legal ties to the child. At minimum she is likely to need a lawyer to retain custody, if at all possible.

 

[CShorty908]

Thanks for the reply. I will pass on the information. I'm not sure what the contract says. Everyone including airline, etc. has given back all monies in full. We are hoping that the hall/caterer has a change of heart.

As to the child, it's complicated but the mother is willing to have the fiance of the deceased raise the child and I'm sure legally they will do that when things become less shocking.