Edward Powell
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LEGAL QUESTION: ...and beware of CRAFTY concert organisers
This is NOT specifically related to OUD, but it is an issue for profi musicians. I am posting here because I have been swindled recently, and would
like to know if anyone can offer a bit of legal expertise:
LEGAL QUESTION:
If a contract says:
"I PLAN TO PAY YOU $XXX"
rather than,
"I WILL PAY YOU" or "I PROMISE TO PAY YOU $xxx"
the does that mean that the employer is not obliged to pay in full if he can give an adequate reason?
Does this word "PLAN" alliviate the employer from obligation to pay because PLAN means intention rather than promise?
THANKS!
ps- first time this has happened to me, but it seems I have met a very crafty concert organiser.
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fernandraynaud
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It probably depends 1 on the jurisdiction and 2 on the rest of the contract
1 where is this happening? under napoleonic law, most places in Europe, most things are decided by codes, by regulations. A contract or a will has
more formal requirements. A missing seal can be more important than reasonable expectations. You'd better ask a local lawyer. Under American law
(under big influence of British law) codes are subservient to interpretation and precedent (all the way Up to the supreme court), and "customary"
means a lot, so a handshake is as good as a written contract, and grammatical tricks won't get him out if it. To prepare you look for cases where a
judge ruled that "plan to" means he's going to do it, and you quote the precedent, say "in Miller vs. Mott (xxx.yyy.1934) it was ruled that the
expression "plan" can be expected to convey contractual obligation", you describe the facts and you add as much supporting "case law" of this sort as
you can find to the brief you file. Whoever can present the most and most closely related case law wins. Basically. He will present his BS about how
he planned in good will but the dog ate his homework, and the judge will likely rule in your favor. Former British colonies go by British tradition
(good) and former French colonies by Napoleonic (oo la la - good luck). Anyway, welcome to international legal curios 101, 3 units, M&F 2:00.
2 so when did he say he "planned" to pay you?
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Edward Powell
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Thanks...
it's quite a story. In August I was invited to a group concert but in order to get to Vancouver in time for this I had to take a more expensive
flight. The gig sounded really fun so I agreed to take the more expensive flight because the amount I was supposed to be paid covered the extra cost -
therefore I would break even and have a fun gig. I made this clear to the organiser - and she didn't give any indication at all that because of low
attendance she might reduce everyone's payment - rather she stated that she had a grant sponsoring the event.
Finally, not many people attended and she is now trying to pay everyone 40% less than she "planned to".
I talked to her on the phone about this and she ADMITTED that she wrote the invitation email PAINSTAKINGLY word by word in order to have a "legal out"
in the case she would not be able to pay fully the "planned amount".
To give her credit I am sure that she would have paid, had enough people come - however NOT to give any CLEAR indication that there is a risk of this,
in my opinion, is highly manipulative (in fact misleading and dishonest).
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fernandraynaud
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If the venue is Canada, I would imagine it's a lot like American law. You have to read the "letter of intent" as a whole, the way any normal
businessman would. Unless the text states that attendance determines the compensation, she cannot play with "may" vs. "is" to change the rules. I've
gone through a few. Find a legal aid office and show them the text, ask what your options are. In California you'd have her moaning in small claims
court for like a $25 filing fee. Once you know your options, tell her that if she doesn't at least cover your flight, you're going to devote your
waking hours to making her sorry, and why not settle sooner. If it matters to you, you can very likely win, but you have to also factor in whether she
has the money.
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Edward Powell
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Thanks FR!
Very helpful feedback and advice.
I made quite a stink today with the whole performance group of 16 artists who were involved with ANU8. All the while being sure to also express my
gratitude and admiration of this woman's many admirable qualities. She then publically apologised and said that the misunderstanding has been resolved
in a "beautiful way".
I still have not heard the details - but imagine that someone from the group has offered up part of their money to cover my shortfall --- it this is
the case I am not sure if I will accept it..... but anyway, I am done fighting.... at least she apologised.
I will let you know how it plays out,
THANKS!
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Edward Powell
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...so some of the other group members chipped in out of their pay to make up the difference. She would not tell me who chipped in and how much - and I
fear that one or two of my very good friends in the group might have been the ones. So I am not left with a good feeling about this. (other than it
being nice to recover my flight money)
But enough is enough... and it's behind me now.
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fernandraynaud
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Edward, I was just talking to my wife about it, your story involves some fundamental points of US law. Most Europeans assume a "trick of wording"
would work. Did you ever find out how canadian law looks at the issues?
In the family we had to deal with a case where reasonable interpretation and precedent were the crux of a very difficuly situation. It used to be that
the clerk in a law firm would spend days in the law library, looking up "case law" i.e. precedent. They had their own ways of searching through the
walls of case books. But now with computers it's so much easier! With a $25 subscription I was able to find enough case law and info on how to write a
brief that i was able to handle the case by myself, no lawyer. To have the judge rule in our favor was the most important result, but I had requested
a continuance of 50 years a month earlier to give me "a little time to brush up on the law" and the judge had found it humorous. It was nice to see
him look over at me and smile before he ruled, in recognition of my efforts. It helps to remember legal technicalities, and hope you don't need to use
them. American contract law is quite reasonable. Just so I know, in case I have a situation in Canada, what did you learn about Canadian law?
And MY experience with businesspeople who talk about things being resolved "in a beautiful way" and about "sharing" is that they are always the worst
thieves, back-stabbers and hypocrites.
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Edward Powell
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Hi FR
This person, I truly don't think is a "bad" person, and her intentions were good - I only think she has a seriously dysfunction issue around finances
- fair enough - everyone, it seems, has a quirk somewhere in their personalities.
This whole concert (ANU8) was a microcosm of how a 'new' society might work - based one sharing, community, etc etc.... everyone seemed in a pink
cloud of lovey doveyness... which is great.... however in any society there will always be disagreements, and some people getting shafted. So it
seems it was my role to be the one to complain a bit. And I think we all learned something in the process. I made enough of a stink that I don't think
she will try those shady tactics again.
Finally I got my full payment - but that was out of the kindness of the other members who were also underpaid, but not as badly as I.
Anyway, after it was all over, I wrote her a sincere letter of regret and apology for what had happened - but she is not communicating...
- - -
good for you bro - for winning your legal battle. Sorry I can't tell you more about the law, luckily I didn't have to resort to that.
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