QUESTION
Can i sue my partner for breach even though there was no contract
Asked on Jan 09th, 2016 on Breach of Contract - Massachusetts
More details to this question:
She had a business it wasnt doing well. She offered me 50% if i gave money. I did then we built a website had a fashion show/ launch party and then she moved and took the business. We had a personal relationship that was ended at the same time. Which made it nasty publicly. We both posted things about each other on social media. it was just nasty. What do i do.
1 ANSWER
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.
Answered on Jan 11th, 2016 at 9:30 AM