Breach Of Contract Legal Questions

You state that "there is no contract".  Let me begin by stating that a contract does not always need to be in writing for a contract to exist.  Therefore, the answer to your question depends on the circumstances.  If the band member was an employee or independent contractor then the answer to your question depends upon a lot of variables.  Finally, you may have actually unknowingly formed a partnership - under Florida law a partnership may be formed when two or more people wnter into a business transaction for profit.  So, unless you planned to form the band as just a hobby you may have a partnership on your hands and not even realize it.  Sop, if you do , whether you can replace him will depend on what the Revised uniform Partnership Act (which applies in FL) says about replacing partners.  You should probably consult a local employment and/or business/partnership lawyer to ensure you do not misstep in replacing him.... Read Answer

Have you shown them your contract and proof of all of your payments? You should be able to get copies of your records from your bank for several years. You should gather all of those and show them to the cemetery management and if they do not respond favorably, contact a local attorney for assistance in filing a lawsuit for breach of contract. ... Read Answer

Contracts are only effective upon what is known as substantial consummation.  Simply signing a proposal doesn’t obligate you to proceed with that contractor.  However, if the work began, the contractor would certainly be entitled to payment for the work performed. I trust this answers your question, and if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Yes, if you were required to pay the extra $4,600, you should be able to recover that in small claims based on the written contract you had for the lower price.  If you want to rescind the entire contract and claim they breached it, if the price you paid for the building is more than $10,000 you'll need to file suit in Superior Court.  I can help with that.  Please reach out to me at dan@therowanfirm.com should you wish to pursue such an action.  ... Read Answer

I moved your question to breach of contract, contracts, chancery and equity. You will or should resolve this in small claims court. All of those courts have mediators who try to help parties negotiate resolutions on these types of claims. Most of the time they succeed. If they don't then a small claims judge will decide the matter. You are describing a scenario which reminds me of a law school exercise we analyzed decades ago. A homeowner looks out his front window and notices a law service mowing his yard. He mows his own lawn. He never hired a lawn service. He thinks the lawn service is making a mistake but just waves to the mower through the window. He thinks he will never owe for the lawn mow that day. He's wrong. A court of chancery or equity will step in to correct the wrong. Had the homeowner not waved or maybe was not home he would owe nothing. But by the homeowner acknowledging that this lawn was being mowed by waving he consented to or ratified an implied agreement that he would pay the reasonable value of the lawn mowing services when he did not stop the lawn service which the homewoner knew was making a mistake. He could have saved himself the lawn mowing bill by yelling out the door or window "wrong house or wrong lawn". By remaining silent he consented to pay a reasonable amount, probably the going rate for lawn mowing in that neighborhood, and the homewoner in this scenario will likely owe the cost of small claims court fees if he chooses to contest what is an open and shut fact scenario. In your case, you have a history or what you normally pay for services. If you paid less than that you will need to prove that the services were not reasonably the same. It's been raining much more and for more months in the past year. In your situation if you normally paid X dollars per mow or knew that was what you paid and the service mowed 30 or 40 percent more weeks this past year because of warm weather and excess rain, there is a possibility that you may owe more money unless you can prove by some documents that your agreement was unchanged regardless of mows. Think of the above example during mediation. If the mower could have stopped mowing mid-September and fully performed services but kept mowing without you informing it to stop you probably owe more money. This is just an example since your specific facts are unknown as is any agreement formalized with your mowing service which often times are absent. It's the mower's word and what they did versus yours and what you did to stop or not stop them from suspectingly continuing. Good luck.... Read Answer

Generally, agreements regarding a transfer of real estate must be in writing pursuant to the Statute of Frauds.  However, since your oral agreement only regards improvements, etc., you may have an enforceable claim under a simple breach of contract or a quasi contractual theory, unjust enrichment.  Fortunately, the Pennsylvania Superior Court recently held in favor of a party on a similar fact pattern.  The case is not published but may be found by searching Wilson v Parker Pa Superior Court 2020.    Please note that having a claim for damages doesn’t give you an interest in the property or a right to live there.  To the contrary, she can legally evict you.  However, if you successfully obtain a judgment, the same will act as a lien on the house so that she will be unable to sell or refinance without satisfying the lien. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.   Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com  ... Read Answer

If you never signed the contract, there is no consideration for the deposit.  Accordingly, I believe the same should be refunded.  But your question asked whether it would be voluntarily and no one can know that. I trust this answers your question, and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.   Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

It certainly sounds like a breach of contract occurred.  However, lawsuits are time consuming and expensive.  My strong advice is to consult with an attorney about trying to resolve the matter, amicably. I trust this answers your question, and if you are in the Delaware Valley, do not hesitate to call or email on a free initial basis.    Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Contracts entered into under duress are not legally binding, but what you're describing is not duress.  Either you don't have a legal right to the property you claim, in which case the other party is simply threatening to do something - keep the property - which they have a legal right to do, or you do have a legal right to the property, in which case there is no reason you have to sign the contract, since you can obtain the property by suing the other party for it (or going to the police).... Read Answer

My practice focuses on debt management, negotiation and bankruptcy.  I think we should see if bankruptcy is an option for you.  I would be interested in knowing more details of your  situation so that I can properly adivse you upon the situation.  Please feel free to contact us at 203.870.6700... Read Answer

Unless you have some written agreement to such that is enforceable you are likely dead in the water. Its possible to try to claim some level of "estoppel" but the issue then is fiancial - as to how much are you willing to spend in legal fees in an effort to try to leverage the ability to buy the lot at issue. It may be cheaper to just be the high bidder on the lot or to look elsewhere. If they are claiming there is no issue with cost increase for new construction I would find that unlikely. ... Read Answer