Breach Of Contract Legal Questions

It's posible that both the sellers and buyers could  be sued for breach of the license (althogy I doubt that the licensor would do so).  While I don't see that the licensor has sufferend any monetary damage, it may be able to obtain an injunction against future activities, violation of which would result in real world consequences for contempt of court.  Again, since the same result is essentially obtained by simply banning the participants, I dont't think the licensor would do that, but it is possible.... Read More

When you say you had to move out, I assume that your daughter forced you out, thereby breaching the contract.  Usually  a contract like you describe would have to be in writing, but exceptions are sometimes made for contracts between close family members.  You can sue your daugher for breach of contract and, if you can satisfy the judge/jury that you had the contract you describe and that your daughter breached it, you can be awarded judgment for the damages you sustained (which could be more than what you invested, i.e. the cost of having to find replacement housing).  ... Read More

Yes, you have a claim to get back anything you paid above the 1/2 that you were supposed to pay.  Although your agreement with your girlfriend was oral, which would be a problem if it was supposed to be performed over the course of more than a year, the lease is (I presume) written.  As you are both on it, you are jointly responsible. ... Read More

No.  It's unclear to me whether your friend has even defaulted on your loan.  It's also unclear whether you were granted a lien and just neglected to file it, or simply never received a lien.  They're not automatic; you can lend money unsecured.  Also, lien or no, you have  no right to repossess prior to judgment (awarded after you win a lawsuit) unless your contract says you do, so you would have to win a lawsuit before you could do anything with the truck.  In any event, the party who files their lien first has first priority, thus even if you had a lien and could foreclose on it, any judgmet of foreclosure, and any buyer in foreclosure, would take subjec to the senior lien, i.e. the first filed.  None of this, however, affects your right to sue your friend if he defaults on paying you back, it only affects your ability to use the truck to satisfy the debt if he can't otherwise pay you. ... Read More

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

If I understnad you correctly, you agreed to cosign a business loan by a third party, and to put up your house as collateral, based on misrepresentatyions by your husband's partners.  However, you don't claim any fraud on the part of the lenders.  If those are the facts, you have no basis to rescind your obligations to the lenders, but can sue your husband's partners for damages you sustain as a result of the fraud.... Read More

First of all, absent some wrongdoing by either the landlord or you which you haven't mentioned, your former roommate is obligated under the lease, regardless of the subsequent text.  To the extend that you  you've paid more than your share, and based on the facts as you've recited them, you should be able to recover it from your former roommate by virtue of the lease.  Her separate subsequent agreement to pay is only icing on the cake.... Read More

This what you get when you hire scrubby unlicensed contractors to do jobs on the cheap. You are likely not to see the money again, and its generally not worth throwing good money after bad trying to sue the people, as they are general criminals, drunks or junkies so actually collecting is a fat chance. Hopefully it was not a lot of money. The better chpice is to be more discriminating in the future on who you hire. ... Read More

Any consumer or civil trial lawyer is a start. Plan on spending money out of pocket to address such a case as it will be a controversy where you claim you signed a contract with no numbers in it, as that immediately raises credibility and coherence issues on the part of the home owner. ... Read More

Unless your contract gives you the right to repo the car before you have a judgment you can’t do it.  You can sue for breach of contract, and after you win there are ways to use the debtor’s assets, including the car, to make sure you get paid.  Until and unless you win a lawsuit, however, you’re just a person who claims that someone else owes them money. ... Read More

Not sure what your question is, but you have a claim for your money damages (the greater of $50 or the amount the value of the item exceeded $50) or specific performance (to compel them to give you the item).  Unless Virginia law is very different from the other states, you have no claim for attorneys' fees absent a contractual provision providing for them (I assume  your contract had no such provision) or a statute authorizing them (I'm aware of none in this situation).  Even if you had such a right, you would only hae the right to collect reasonable attorneys' fees; you would not be able to hire "a great lawyer" and recover $250,000 in legal fees incurred on a $50 case.... Read More

Since you don't mention it, I assume that you do not have a non-compete agreement with this former employee.  Even without one, however, a former employer is not allowed to use his former employer's trade secrets to compete with it.  Customer lists can be considered trade secrets, depending on the difficulty of obtaining the information on the list from public sources, the time/expense which went into compiling the customer list, and the efforts which went into keeping it secret.  If you believe that your customer list could be considered a trade secret, you can sue the diver seeking to enjoin him from using it and for the damages you've sustained due to his use of the trade secrets to now.  If you choose to sue, you should do so quickly, since the longer you wait the less chance you will have to convince the court that you are being irreparably harmed by the diver's use of the trade secrets, a necessary element to obtain a preliminary injunction.... Read More