What argument can gwendolyn make in her counterclaim

Reference no: EM133308034

Case: A royal wedding was scheduled to take place! Gwendolyn was anxious to view this historic event and therefore, agreed to rent a room overlooking the route to be travelled by the newly married couple from Sam Slimy. Sam was thrilled to take advantage of the proximity of the room to the royal celebration by doubling the usual room rental fee. Gwendolyn paid a deposit to Sam, with the balance due on the day of the event. There was no cancellation clause included in the contract. Two days before the wedding, the royal bride and groom had a huge disagreement over the type of wedding cake to be served, and they decided to call off the wedding! Adisappointed Gwendolyn approached Sam Slimy to get back her deposit. Sam refused and sued Gwendolyn for the balance of the rent owing. Gwendolyn counterclaimed for the return of her deposit.

Question a. What argument(s) can Gwendolyn make in her counterclaim to support her position that she should be entitled to her deposit. Explain your answer applying and naming the appropriate legal principle.

Question b. Identify the full name of a precedent case which supports your position.

Reference no: EM133308034

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