Breach Of Contract Legal Questions

Most used car sales are "as-is", so it is your responsibility to inspect the car.  If the representation about the accident was in writing, you have a case.  If not, no one is going to support your testimony about the promise now.  You can sue, but you would have proof issues.... Read More

Generally, a new contract negates any prior contract insofar as they cover the same subject matter.  However, if you can invalidate the second contract for fraud in the inducement, the first one would again be in force.  I don't think  your fraud claim is a very good one because as a general rule you are deemed to have read and understood any document you sign, and if you didn't read it, it is considered your tough luck. but fraud in the inducement still appears to be your best shot.  I know it's too late now, but there was no reason why you needed to sign a new contract; you could simply have copied the original one and provided the copy to the company.  You should never sign a contract without reading and understanding it.... Read More

There is no legal obligation for the parents of the son in law to repay you for a wedding unde the facts presented. The divorce issue is as much your daughters responibility and in part yours, in that you somehow were unaware of such issues in thier relationship,  that this might occur.She should have said something and you should havebeen more attentive before agreeing to such an expense.  While this is a traditional issue, as is dowery in many cultures, it is not a legal obligation and is essentially a "gift" absent an enforceable agreement in advance to the contrary. ... Read More

Hi Jerome, If I understand correctly you paid money for a property and a quit claim deed was executed by the owner transferring their interest to you. After they did that they filed a subsequent document stating that the deed was not supposed to be recorded? If that is correct and there is now a cloud on title there are a couple of ways that you can approach it to try and clear up the title record. Let me know if my understanding is accurate and happy to discuss with you if you would like. Thanks, Jon... Read More

If your contract says what you say it does, i.e. that you were giving the dealer $100 to hold the car until the 15th with no contingencies, then the dealer has no right to sell the car out from under you HOWEVER since the dealer is willing to give you your deposit back you will have a hard time showing that you suffered any monetary damage from the brief.  You will have to show either that the car was worth more than you agreed to pay, or that you were forced to pay more to buy a different comparable car.... Read More

Mr. Gantz, Your question is a bit of a run-on sentence and difficult to make sense of.   I believe I would need to review the contract in order to see if there is any opportunity for recovery.  This does not mean that I am not interested in assisting you, but I need more details.... Read More

The Illinois statute of limitations on breach of contract is either 5 years or 10 years from the breach, depending on whether your contract is in writing or not - not sure if the texts would qualify, but it doesn't matter as, either way, you are well within the allowed time.  It's impossible to guarantee any outcome that depends on who the Court believes, but since you have texts and other documentary evidence, you probably have a good chance to win.  As for collection, that's a different story, since your friend doesn't sound like she has a lot of money, and may not be able to pay off the judgment.  I can't help you with the efiling issue.... Read More

Anyone holding a power of attorney owes a fiduciary duty to the person he/she represents to act in that party's interest and not in his/her own.  Based on the facts set forth above, your father has a claim against the holder of the POA for breach of her fiduciary duty.  However, unless the person(s) who purchased the vehicles knew or had reason to know that the holder of the POA had no right to sell the vehicles, they are what is known as "bona fide purchasers for value" from whom your father can't recover the vehicles.  He can only recover the money he lost from their sale.... Read More

Your son can sue the dentist for breach of contract.  In doing so, he should be aware of some pitfalls.  First an agreement which can't fully be performed for more than one year normally must be written.  The contract you describe, however, doesn't seem to be of this type, as it was an oral agreement which could be terminated at any time.  Don't describe it as a verbal agreement of six years' duration.  Also, it is likely that the dentist has formed an entity, either an llc or a corporation, through which to conduct his/her business.  Is your son's contract with the dentist, or with the entity?  On whose account were his checks drawn?  I'm not sure how much is at stake, but if it is a large amount, it may be a good idea to consult a Florida attorney.... Read More

It is not a breach of contract to ask for changes to a ccntract, even after it has been signed by both parties, but neither do you have any obligation to agree to those changes.  You state that the contractor has threatened to evict you (presumably you mean that the lien holder would try to foreclose on its lien, since only a landlord can evict a tenant) if you don't agree, but I don't understand what basis the lien holder woudl have to foreclose if you comply with the existing contract.... Read More

I'm not really sure what your question is.  If someone hasn't paid what they are contractually obligated to pay, that is a breach of contract.  It may also be a bad business practice.  It sounds as if the insurance company may be insolvent, or close to insolvent, as that fits its behavior of lying about having been paid (would that have been a basis not to pay your husband under their contract?) and ducking your attempts to communicate.... Read More

Assuming no contrary provisionin the note (for example, a clause requiring that any dispute be arbitrated), you could sue the debtor for breach of contract.  If this is a standard promissory note it will have an acceleration clause providing for the entire debt to become due upon default.  If there is no acceleration clause, your claim is only for the installment which is late, and you would have to wait until September 6 to have a claim for the full amount.... Read More

If you've paid the contractor what you're supposed to pay under the contract, and the contractor was supposed to finish specific work by a specific time and did not do so, you probably have an action against the contractor. However, if no dates were specified the court will impute a "reasonable" time into the contract, and depending on the scope of the work the contractor may still be in breach of contract. There's really no way to tell without more information. ... Read More