Deitsch v. The Music Co.

Hamilton County Municipal Court · 1983 · Contracts

ContractsBreach of contract damagesConsequential damagesMental distress in contract damagesbreach of contractdamageswedding receptionband services

Facts

Plaintiffs contracted with defendant on March 27, 1980 for a four-piece band to play at their wedding reception on November 8, 1980, from 8:00 p.m. to midnight, for $295, and paid a $65 deposit. Plaintiffs proceeded with the wedding and reception arrangements, but the band did not appear, and plaintiffs' efforts to contact defendant were unsuccessful. A friend eventually obtained stereo equipment, which was set up about an hour after the reception began. At trial, plaintiffs testified to contacts confirming the engagement, while defendant's president claimed he believed the contract had been cancelled because that word appeared on his copy, though no one could explain when or why it had been written there.

Issue

When a band breaches a contract to perform at a wedding reception, are the plaintiffs' damages limited to return of their deposit or the contract price, or may they recover additional compensation for distress, inconvenience, and the reduced value of the reception?

Rule

Contract damages must be the natural and probable consequence of the breach or damages within the contemplation of the parties at the time the contract was made. In a case involving a contract for comforts, conveniences, or enjoyment connected with a special occasion, damages are not necessarily measured by the amount paid for the service alone and may include compensation for distress, inconvenience, and diminution in value.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Nina Patel and Owen Brooks hired Lakeshore Strings, a fictional ensemble based in Cleveland, to play live music during their anniversary gala in Columbus for $1,200, paying a $300 deposit. The group never arrived, and after frantic calls the couple used a guest’s phone playlist through small speakers for most of the evening.

If Nina and Owen sue for breach, which measure of damages is most consistent with the governing rule?

Explanation. The majority held that when the contract’s object is comfort, convenience, or enjoyment for a special occasion, damages are not necessarily limited to the amount paid for the service. The proper measure may include distress, inconvenience, and diminution in value, so long as those harms are the natural and probable consequence of the breach and within the parties’ contemplation. The court rejected both limiting recovery to the deposit and awarding the entire event cost where the event was not a total loss.