Massachusetts Breach Of Contract Legal Questions

I don't understand your heading "even though there was no contract."  From what you've written in the body of your email, you had a contract with your friend to buy 50% of her business.  You did your part by paying the purchase price, but she has breached the contract by cutting you out of the business.  There are some types of agreements which must be in writing to be enforceable, but most oral contracts are enforceable (the difficulty is in proviing them, but if you can prove that you had an oral agreement, it will generally be enforced).  Therefore you can sue her to specifically enforce the contract, or to recover the damages you suffered due to her breach.  Even if this is type of agreement is required to be in writing in Massachusetts (I am not admitted to practice in Mass.), you should (assuming that the court believes your version of the facts) still be able to recover the money you laid out.... Read More

You may be able to get a court to rescind the contract, i.e. let you return the car for what you paid (plus interest), minus the amount of wear and tear on the car since you bought it, based on the dealer's fraud.  Fraud is a knowing misrepresentation of fact which is reasonably relied on by the other party and causes it damages.  Here, I don't think you'd  have a problem convincing a judge or jury that a car dealership should have know what model it was selling.  The problem could be "reasonable reliance."  If the model was shown on the car's body, a judge or jury may think that your wife should have known what she was buying, and wasn't reasonable in relying on the contrary statement of the dealership.  Overall, however, I'd say you have a pretty good case based on the facts as you've represented them.... Read More

Any lawyer who handles civil litigation should be able to handle your case but, depending on the amount of the loan, you may want to engage an attorney who specializes in collection matters, who may be willing to take your case on a contingency.  From the very limited facts  you've set forth, you seem like  you have a good case (assuming that the breach occurred within the statute of limitations), but whether you can collect also depends on whether the debtor has any money to satisfy any judgment.... Read More

The non-compete may be deemed unreasonable and unenforceable in the first place, but to the extent that it was valid and enforceable before the buyout, it is probably still valid and enforceable.  If the "buy out" was a purchase of the original business's stock, the identical business - the party with which you contracted - is still operating, it just has different owners which changes nothing.  If the "buyout" was a purchase of the original business's assets, the non-compete agreement was almost certainly one of the assets which the new company bought and, barring a provision to the contrary in your employment agreement, is probably freely assignable.  ... Read More

You can sue your ex for breach of contract, although it may be difficult for you to prove the contract without any documentation or other witnesses.  However, unless the dentist was also party to the contract, or part of it (for example, he/she could have agreed to the discounted rate but never agreed that your ex would be solely responsible for payment), you would still have to pay the dentist, who is not bound by an agreement you had with your ex, and not with the dentist.... Read More

The contract was signed in MA, they worked in MA, they're 20 miles away, Mass courts will have jurisdiction over the parties and the matter (they can be hailed to come defend in MA) With the little info that you provide, the prospective action will be a lawsuit for money damages (in case you can show damages stemming from their breach) or one for an Injunction (like a court ordered cease and desist, if you can show immediate irreparable harm and other factors of the wrongful conduct) As far as expenses, did the "non compete" include an attorney's fees clause? costs to defend against breach? or the like? (that they signed on)... Read More

I am not aware of any countries which prohibit foreigners from suing there.  Foreign nationals sue in US courts all the time.  If you want to sue in the Caribbean, I think your best bet is to contact the local bar association and seek a referral.  However, depending on the circumstances (for example, did the photographer advertise in the US?) you may be able to sue in Massachusetts, and may want to consider that.... Read More

Whether the agreement is binding is not the determining factor here. Most oral contracts are valid.  However, the Uniform Commercial Code, which has been adopted in one form or another in almost every American jurisdiction, provides that a contract for the sale of goods for $500 or more must be in writing.  If they contain no price, it is likely that the emails are not a sufficient writing to satisfy this requirement.  Therefore, assuming you were selling the car for more than $500, there is a good chance that it will be deemed invalid.  Moreover, contracts which are procured by fraud are not valid.  For example, if the seller agreed to buy the car based on your representation that it had 40,000 miles on it, not knowing that you had rolled back the odometer and it actually had 80,000 miles on it, the contract could be invalidated for fraud in the inducement even if it was in writing.  It is a close question whether the his telling you that his brother was sick would constitute fraud, as this might be deemed something that is not material, i.e. something that a reasonable seller would not consider in setting a price. If the contract was not valid the buyer could not enforce it, i.e. could not force you to sell him the car at the agreed price.  However, that does not necessarily mean that he has no right to recover the money he laid out based on your telling him that you had a deal.  I can't give you a definitive answer as to whether a court would allow him this recovery or not.... Read More