Appellate Practice Attorney serving New York, NY
Anybody can sue anybody for anything, and I don't know the facts or how the weddding was ruined, but it is very unlikely that you can successfully sue Men's Warehouse for any kind of consequential damages, let alone emotional damages. Direct damages would be those arising directly from the wrongdoing (e.g. you paid $1500 to rent tuxedos which they didn't provide, your direct damages would be the lesser of $1500 or the difference between $1500 and the amount you had to pay to get substitute tuxedos). Consequential damages would be damages arising indirectly from the wrongdoing (e.g. because Men's Warehouse didn't provide the tuxedos, the wedding was delayed and you only got 3 hours at the reception hall when you had paid for 5). These can only be recovered in particular circumstances which don't appear to be present here, and may be specifically excluded in your contract with Men's Warehouse - check your sales/rental paperwork. Again, I don't know the facts, but you appear to be writing about emotional damages, i.e. you didn't actually lose any money, but you felt that your wedding wasn't all that you had hoped. Absent some egregiius intentional wrongdoing, you can't recover these damages.
Answered on Dec 01st, 2017 at 7:47 AM