Indiana Breach Of Contract Legal Questions

It depdns wha the contract was.  Most oral contracts are as valid as written ones (but much more difficult to prove) but some types of contracts (those that cannot be fullyperformed within a year, for the sale of real estate, etc.) require a writing.  The main problem is proof - if you have no written document, it is only your word against your opponent's.... Read More

That depends on what the lease says.  Does it allow termination?  If so, on what basis?  Does it provide for what happens in the case of a sale?   Assuming that the lease does not allow termination due to sale, if this was NY (and I suspect things work the same or similarly in IN but you should check with an Indiana lawyer) I would advise you to, ASAP, record your lease as an encumbrance on title with the county clerk.  It will then turn up on any prospective purchser's title search, and should keep anyone from buying until and unless you reach a deal with regard to your lease or it expires.... Read More

It is theoretically possible to litigate a case without ever appearing in court, but as a practical matter you really can't do that with a amsll claim because (a) it isn't generally worth hiring a lawyer to represent you; and (b) you need at least one witness to prove your case.  Documents are not enough because, even assuming that they are admissible evidence, someone needs to testify that they are authentic.... Read More

No, if your understanding was that there was no contract until the document was signed.  The problem is that a Court may believe the DJ if he/she testifies that you reached an oral contract.  While the fact that the DJ later sent you a written contract which you didn't sign is certainly strong evidence in your favor, it is possible, depending on what other evidence is submitted, that the DJ may be believed.... Read More

It's not a question of whether verbal agreements are enforceable, but which verbal agreements are enforceable.  Some agreements are required to be in writing to be enforceable, such as agreements which can't be performed within a year and agreements to buy or sell real property.  Even in these cases, however, there are sometimes ways to circumvent the writing requirement.  I can't tell from your question exactly what you claim the agreement was, so I don't know if it was required to be in writing.  Moreover, my experience is that your friend will claim the agreement was something other than what you claim; he will probably claim that the agreement was that you would take over payments and have the use of the car until he could afford to make payments again.  If your friend's version of the agreement is different from what you claim, the outcome of your claim may depend on who the court believes. Assuming that your contract was of a type which required a writing to be enforceable (and you have no basis to circumvent that requirement), or that the Court doesn't believe that your agreement was that you would take over the full car lease and get the car, you probably will not be able to recover the amounts you paid because you have had the use of the car during the period you made the payments.  If you had spent money to improve the car during that time, you might be able to recover those amounts.... Read More