Originally Posted by K8memphis-
What do we think a judge would decide if it got into court since we all like to buffer ourselves from the very thought of it.
Well, from my hazy memory of my first year contracts class, I think a refund would be awarded here. Technically speaking, if a buyer of goods accepts goods that are 'nonconforming' (don't meet expectations), then they are entitled to the difference between the value of the goods as promised and the value of the goods received; i.e. if you contract for a 7 tier masterpiece and receive a Wal-Mart sheet cake, you get the $ difference between the two. This case is different since they basically contracted at a price that was lower than the market value of what was promised. However, since the bargain wasn't unconscionable, Bride should get the benefit of having made a keen bargain, and should be compensated. The refund of the fee is forseeable and therefore a legit measure of damages. I think, if the judge used the reasonable person test and determined that a reasonable person would consider the photo of the promised cake and what was delivered to be substantially different, she would award the fee as damages, or perhaps award the $ difference between what was paid and what was delivered, but again that's hard to determine since what was paid may not have been much more than the worth of what was delivered.
On another note, I am a newlywed myself. My decorator called me a couple days prior to my wedding and told me that the design wed discussed just wasnt working out. We had agreed that she was going to do a purple icing base and stencil a design with ivory icing on top. Well, the purple was bleeding into the ivory and it wasnt coming out right. She called to ask if I would mind if she reversed the design, stenciling purple on top of ivory. I told her that, faced with the alternatives of bleeding color or coming up with an entirely new design, I would much prefer to reverse the colors. I didnt mind at all, commiserated with her, and wound up with a beautiful cake. Much better than had she simply shown up with a cake neither of us was happy with.