QUESTION
Can a person who lives in another state promises to send money via text message be liable to pay even if there were no written contract done?
Asked on Jun 14th, 2017 on Civil Litigation - Florida
More details to this question:
The person who promised to send $3500 lives in Allentown PA. We were dating and during that time I had some financial problems because my disability check from the government was decreased which caused me to fall short on rent at apartment. She requested for me to open a bank account where she can transfer money directly into my account. I ended up losing my job because I overstayed my lunch break opening up the account. She said she would send me $3500 to get me caught up on rent. I have text messages showing our conversation. During the course of about five months or more she said she sent the money but there was always some problem that occurred that cause the transfer not to transpire. I have been stressed out because of this and now she refuses to pay.She said there is no law obligating her to pay.
1 ANSWER
If this was a contract, it probably could be enforced, a signed writing would probably not be necessary. However, a contract requires consideration, some quid pro quo, i.e. if you give me $500 I will paint your house, or I will sell you my car, or I will not compete against your business There doesn't seem to be any consideration here, just a unilateral promise to give you a gift, so I think you have a problem. Sometimes, detrimental reliance can substitute for consideration, i.e. if someone promises you something and you rely on it to your detriment, you may be able to enforce the promise even though there was no consideration for it. For example, if you pass up a chance to buy a car worth $1000 for $500 because your friend promised to give you her old car, you may be able to enforce the promise. I don't think you have anything like that here, but you may be able to argue in court that you detrimentally relied on her promise by missing time from work to open the account, and losing your job, and that therefore her promise should be enforced. It's by no means a guaranteed winner, but it might succeed.
Answered on Jun 15th, 2017 at 11:46 AM