QUESTION
Does a contract have more power than a conversation?
Asked on Jul 07th, 2014 on Breach of Contract - Connecticut
More details to this question:
Had a client sign a contract and now she is breaching the contract. Gave me a $250 deposit. Contract states that deposit is used to start work and in case of a breach, work performed will be compensated with deposit. I briefly mentioned that I am willing to return her deposit if we continue working together. this is not stated in the contract. Out of the $250 I used $202 for registrations of hosting and domain name. I reutrn $48 to client. Now clients was the whole $250
1 ANSWER
A conversation can create a contract, or can modify a contract, but I don't think that happened here. Had your client accepted your offer to return the full deposit in consideration of her agreement to continue to utilize your services going forward, you might have created an enforceable modification of your contract. However, unless there's something you didn't mention, she never agreed to continue to use you, so she never accepted your offer.
Answered on Jul 07th, 2014 at 2:01 PM