I do not think that anyone can be responsible for unforeseeable consequences of default on an agreement. For example, if a distributor broke a contract which resulted in bankruptcy, and it caused a divorce between the injured party and his spouse, I do not think that the injured party could sue for alienation of affection. In the same way, apart from the conscience issue, I do not think that Mojo can be sued for blowing the speech, and if he could, certainly not for the consequences deriving from it.
Now, suppose that the concierge knew that Mojo only took male clients. Did he exercise due diligence in ascertaining the sex of the guest before contacting Mojo? In other words, what is Mojo's responsibility for the confusion? And can he be held liable for breach of contract if the contract were entered into under a false premise? Off hand, as far as I can see, if he has a right to refuse service to females, that right is not superceded by the embarrassment of the situation, and he is not liable. The terms of the contract were not adequately spelled out, leading to differing interpretations by the parties, that is all....... |
