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dcs

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Posts posted by dcs

  1. Now we are geting into the election the restaurant would have to waive the tort and sue in assumpsit.

    Assumpsit would require the restaurant invoke the remedy of specific performance when the restaurant has already anticipated the tort of breach of contract and protected itself with the liquidated damages clause and provided a means of extracting the damages through the credit card mechanism.

    is there not also something about an opera singer in England and the inability to enforce specific performance in a personal services contract?

  2. If you know enough about contracts, you know that you don't need to sign one for there to be one. Giving your credit card number in exchange for their promise to hold you a seat not only provides the requisite manifestatoin of assent to be bound to the terms of the contract, but also consideration. You did receive something, the promise of a table at a certain time. And they gave up something, the opportunity to offer to hold that table for another customer. Trying to weasel your way out of paying for something you received is not exactly honorable conduct.

    Just to be clear, and to cut down on all the PMs I'm getting, the giving of the credit card number to hold the reservation, regadless whether the restaurant is authorized to ding the card in the eventg of a no show, is the equivalent of signing the contract. The further agreement allowing the restaurnat to ding the card for a certain amount is merely a term facilitating payment of what we would call "liquidated damages" for failing to show up. The consideration component would be the restaurant's agreement to hold the table for you and not give it to someone else. If this were a law school exam question I would go into stuff such as offer and acceptance, but it's not necessary here. The point is, all the elements of a contract are present.

    I would have bet money that you were working up to use the phrase "detrimental reliance." Maybe if you had more time..... :o

  3. nice red herring

    well, at least you liked my fish. :o the bottom line is that these restaurants are free to do want they want. this is a customer satisfaction issue. if folks feel abused by paying more for the exact same item because of the date on which it is prepared, they will migrate there business elsewhere. i have no problem with restuarants charging more on a holiday, i just think that their customers would prefer the illusion that they are getting something a little more or "special" for the extra money.

  4. Because it's not every other day? It's a day when a lot of people who don't normally go out all suddenly go out and the restaurant is slammed with significantly more business, enabling it to charge a higher price? I don't think it's low class, in fact I think it's a good business practice.

    under that theory, doctors should raise their fees in times of epidemics and supermarkets should raise their prices just before hurricanes and major winter storms.

  5. Charging more for the exact same menu item just because it is Valentine's Day just seems like poor form to me. You could at least try to dress up the menu to make it seem more "special" to justify the surcharge. Not doing anything different could lead some to view it as simply gouging. Maybe they should start charging folks more for their dinner when they are celebrating an anniversary or a birthday, too.

    FWIW, I had another outstanding dinner at Ray's the Steaks last evening for the same reasonable prices.

  6. Agreed with everyone who says the food at Iota is good. I've eaten there several times and really enjoy the food. It's just that the show we're going to is on a Sat night so we'll have plenty of time to try something new in the area. RTS just seemed like an obvious starting point. But I'm more than happy to entertain other options!

    If you want to get into Ray's on a Saturday night you need to get to the restuarant around 4pm (sometimes the door is open earlier) and leave your name on the "reservation" list. If you are not on the list you may have a hard time getting a table. You may want to hedge on the early side so that you do not miss your show. The steaks are worth the hassle of getting a seat.

    Guajillo is right next door to Ray's and is also good. They also take "traditional" reservations.

    http://www.waheeyo.com/

  7. My wife and I are going to a show at Iota and thinking of stopping in a RTS beforehand for dinner. Although we've had pretty much every cut of steak at RTC, we've never been to RTS.

    The question is: Is there enough of a difference to try RTS? Or should we take the opportunity to try something completely different in the area?

    I realize that this is the Ray's thread, but there is nothing wrong with eating at Iota. You might be surprised. One benefit in eating at Iota is that you can get your hand stamped early (before dinner) and avoid "the show is sold out" blues.

  8. Another outstanding evening at Pizzeria Paradiso in Georgetown last evening. Antipasto, Margherita and Napoletana pizzas exquisitely prepared, finished off with the Frutta e Formaggio. What really made the meal was the wonderful selection of draft beer. Through the course of the evening we sampled: Chimay Cinq Cents; Lagunitas Cappuccino Stout; St. Bernardus Witbier; Het Kapittel Abt; Rodenbach; and Joker Ale. The Chimay was so good we went back for a second. I recommend the Belgian flight (4 short beers) to get a chance to try as many beers as possible without getting too looped.

    I still need to get to 2 Amys, but I just cannot stand waiting to get a table - not a problem I have encountered at the GTown Pizzeria Paradiso. Frankly, I cannot imagine 2 Amys being appreciably better than what I ate last night, not to mention that they don't have the Belgian drafts.

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