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HEADNOTE: Marwani v. Catering By Uptown, No. 79, September Term, 2008

CONTRACTS; BREACHING PARTY'S RETURN OF "NON-REFUNDABLE" DEPOSIT REQUIRED FOR CATERING SERVICES CONTRACT: A party whose cancellation of a catering contract constitutes a breach of that contract is not entitled to the return of his or her "non-refundable" deposit on the ground that (1) although the contract calls for the catering services to be performed at licensed food services facility, the contract called for the services to be performed by an "unlicensed" caterer, or (2) the contract did not include the food service facility license number of the facility at which the catering services were to be performed.

IN THE COURT OF APPEALS OF MARYLAND No. 79 September Term, 2008

OFIR MARWANI, et al. v. CATERING BY UPTOWN

Bell, C.J. Harrell Battaglia Greene Murphy Adkins Barbera, JJ.

Opinion by Murphy, J.

Filed: October 22, 2010

The case at bar presents us with the question of whether Ofir and Monique Marwani, Appellants, are entitled to the return of a "non-refundable" deposit they paid to Catering By Uptown, Appellee. After the District Court of Maryland, sitting in Prince George's County, answered "no" to that question, and the Circuit Court for Prince George's County affirmed the judgment of the District Court,1 Appellants filed a petition for writ of certiorari in which they presented this Court with the following question: May a food service facility enforce a contract with consumers even though it is not licensed as required by Section 21-305(a) of Title 21 of the Health-General Article ("H-G"), Annotated Code of Maryland, and the contract does not contain the requisite disclosures under H-G

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Maryland Law