Indiana Contracts Legal Questions

Assuming that there is no provision in the contract giving the venue the right to cancel, you are right in theory (except that it is unlikely that the contract is with the owners rather than the business that your daughter contracted with, which is likely a corporation or llc; except in rare instances, the owners would not personally be obligated).  However, as a practical matter, while your daughter might be entitled to money damages for the breach (i.e. the extra amount it would cost her to book a comparable place), it is  unlikely that she could get a court to compel the venue to perform the contract (as opposed to compensating her for the money damages she would suffer from the breach), especially in the short time before the event.  More practically, you don't want to have the wedding in a place which doesn't want to hold it, and doesn't care about any repeat business.  There are likey to be problems which ruin the wedding, either through the venue's not caring, or even deliberately.  You don't want to be in a situation on your daughter's wedding where not enough servers have showed up, or there is no liquor at the bar, or there's no place for the band to set up, etc etc. ... Read More

Anybody can sue anybody for anything, but your brother (except for the time that has elapsed, which may mean that the statute of limitations has run) seems to have a pretty good case.  Most contracts do not require a writing to be enforceable.  As you describe it, the rest of you breached your contract to share the funeral expenses.... Read More

If the wife rescinds the contract because her name was forged, and you didn't know the name was forged (or, if you did know, reasonably believed that he had authority to sign her name) you can sue the husband for any damages you suffer from his fraud.  However, the wife can authorize her husband to sign her name, even after the fact.  If the wife ratifies the contract, you can't get out of it because the husband signed her name, especially if you knew that he was signing her name and was not authorized to do so.  You would, in that case, be in exactly the same position as if the wife had signed her own name, and would not have suffered any harm from the "forgery."... Read More

You can pay without judgment right now, if you and your ex-wife can agree on the amount (as a practical matter, if you are willing to pay the amount your ex claims, the Court will likely force this result on  your hearing date.)  If you can't agree, but you are confident that, even though you owe her something you do not owe her as much as she claims, most jurisdictions have procedures whereby you can make an official offer of settlement and if she refuses and then is not awarded more in Court she can be responsible for  your legal fees.  In a small claims case, there may not be any legal fees, but you should nevertheless look into this because your state may have a slightly different rule which could benefit you.... Read More

Your position is very difficult.  You signed a document which expressly said that you couldn't have pets.  By law, you are deemed to have read and understood the agreement you signed, and any court hearing the case is unlikely to go beyond this.  Not only is it generally not permitted to introduce evidence of an oral understanding which contradicts the terms of a written agreement which purports to be the whole agreement between the parties, but I'm sure that the lease contains what is known as a merger clause, i.e. a clause which provides that the written agreement contains the parties' entire agreement, supercedes any and all oral agreements or representations, and can only be changed in writing. You may be able to argue that the landlord is estopped from enforcing the no pets clause because you detrimentally relied on its representation that it would not enforce the clause by signing the lease and moving in, and both parties have performed under this agreement (allowing you to have your dogs) for three months, which can only be explained by the oral understanding you claim.  However, I don't like your chances.... Read More

You will need to review the policy(s) with an attorney and determine whether to commence legal proceedings to collect the amounts to which you may be entitled. It is impossible to provide a definitive answer to this question without a complete review of all of the relevant documents, including those that support your defect claims. See a lawyer.... Read More

First of all.  You had a contract.  You admit that.  Whether it was oral or in writing, it was a contract.  Second, you took money and did not live up to your promise.  If the State of Indiana wants to charge you for theft, swindle, or what have you, it can.  I suspect the prosecutors in Indiana have other things to worry about, but it could happen.  People get charged with a crime for shoplifting a dollar item, and this is worse if it looks like you never intended to carry out your side of the bargain.  It is also a civil matter, it the other party to the contract wishes to sue you.  You could get charged with a crime and sued, or charged with a crime and not sued, or sued and not charged, or nothing at all could happen.  But you and everyone else reading this knows, you owe someone $630. ... Read More