Florida 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 More

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 More

In theory, if you want to spend the money to sue the host, you can, but you will likely spend more than amount you want refunded in the effort. Some people choose that option out of principle, not financial sense, and you are certainly free to do so as you choose. That stated, it seems odd that the host admits they were aware none of the showers worked BEFORE renting to you, but refuse to accomodate you with a refund or some concession. Its a fair bet there is more that than related as thats a fast track to being banned by VROB sites and hosts know that. The option of suing Air BnB as a deep pocket is rarely viable for a variety of reasons starting wth exhorbitant costs and contractual hurdles. ... Read More

If your not willing to just "give it to them" then you are in no position to loan it at all. Period. Fastest way to destroyed freindships is failed money repayment and all a promissory note gives you is a better legal basis to sue if and when they default on repaying you. Which for most people in a bad financial situation is exactly how they got there in the first place and why they will typically stay there after they get your money. If you can afford to walk away from the loan as a good samaritan, then carry on. If you will need that money repaid at any level then don't. First red flag is when professional lenders like banks won't take the risk - its like betting on a horse the bookies won't touch and fantcizing about all the money you are going to win - until the race is run, you're broke and the bookies say "told you so - now you owe the vig"... Read More

Anybody can sue anybody, but that doesn't mean that every suit has merit.  If you operated the llc properly as a separate entity, you would not be personally liable for its contracts.  However, you could be liable for any assets you take out of the llc which leave it unable to pay its creditors, which could include the people with whom the llc contracted who may suffer damages due to the llc's failure to perform the contract.  Also, I don't know why you want to dissolve the llc.... Read More

The ovious issue here is  - why are YOU involved? Your son is a grown adult and needs handle his own business with his fiance, where if he is grown enough to live together with someone, he grown enough to deal with the consequences.  That situation and relationship is something you need to stay out of. That stated, there is no means for him to get out of a lease simply because he made a poor choice for a fiance and moved in with her on a lease. Until the lease has expired or the LL and the fiance agree to allow him off the lease, he remains liable. The LL is not responisble for his romantic woes and only cares that the rent is paid. He can always move back in as he is on the lease, BUT thats likely a poor idea for obvious reason. He can also tell the LL about the brother but the result may be that the LL sues BOTH your son and the fiance for eviction because they are both on the lease. If there are concerns of violence, his best bet is to move out ASAP and deal with the finanical consequences later. ... Read More

YOu can do nothing. Your father would have to sue your BF, and now soon to be EX, for breach of contract over thge loan. Unless it was a huge amount, it may not be worth the effort and expense. That aside you now know what a liar and dirt bag you were dating for 8 years. Time to rethink that relationship if its not already over.... Read More

You will need to defend the lawsuit or risk losing and having ajudgment entered against you. A judgment allows creditors to raid bank account or seize assets to sell where you will have to fight to address what they can take. You may want to ask local legal aid for help if you qualify. Other wise you will need to retain counsel at your expense. ... Read More