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Do I have a case?

Holland, MI |

i let a friend borrow my car and he damaged it. he agreed to pay me back the fines so far totaling $620+ because the car still needs more work. i had him sign a contract saying he'd pay me back and i said in the contract that i would take him to court if he broke his payment agreement. i later found out that he lied to me about having a license and is on probation for prior felonies.

Attorney Answers 4

  1. Best answer

    Yes you have a case, but, if he is paying you, what is the issue?

  2. Whether or not he has his license is immaterial. If your insurance won't cover, take him to small claims court. Good luck.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755

  3. If he is currently paying you, then so what about the other information. If he stops paying then take him to small claims court.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

  4. If you are involved in a business agreement, one of the first things to determine is whether the promise or agreement at issue will be considered an enforceable contract under the law. While contracts usually involve promises to do something (or refrain from doing something), not all promises are contracts. How does the law determine which promises are enforceable contracts and which are not?

    Is the Agreement a Contract?

    Courts look at a number of factors to determine whether an agreement should be enforced. The court must initially determine whether the agreement constitutes a contract or not. In order for an agreement to be considered a valid contract, it must satisfy certain requirements. One party must make an offer and the other party must accept it. There must be a bargained for exchange of promises, meaning that something of value must be given in return for a promise. In addition, the terms of a contract must be sufficiently definite for a court to enforce them. Fraud:
    When one party fraudulently induces the other party to enter into a contract, the defrauded party can void the contract. Fraud means that one party makes a false representation of a material fact that he knows is false, or believes to be false, in order to induce the other party’s agreement. A material fact is a fact that a reasonable person would consider important in reaching a decision on the contract. However, if the other party should have discovered the fraud with minimal effort (for example, by simply reading the contract), he cannot avoid his contractual obligations.The enforcing contracts topic assesses the efficiency of the judicial system by following the evolution of a commercial sale dispute over the quality of goods and tracking the time, cost and number of procedures involved from the moment the plaintiff files the lawsuit until payment is received. The most recent round of data collection was completed in June 2012A contract is an agreement entered into voluntarily by two parties or more with the intention of creating a legal obligation, which may have elements in writing, though contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific performance of the contract or an injunction. Both of these remedies award the party at loss the "benefit of the bargain" or expectation damages, which are greater than mere reliance damages, as in promissory estoppel. The parties may be natural persons or juristic persons. A contract is a legally enforceable promise or undertaking that something will or will not occur. The word promise can be used as a legal synonym for contract.[1], although care is required as a promise may not have the full standing of a contract, as when it is an agreement without considerationThe elements of a breach of contract claim are: 1) the contract; 2) plaintiff's performance or excuse for nonperformance; 3) defendant's breach; and 4) damage to plaintiff. You cannot be in breach yourself while claiming that the other party breached, unless your performance was made impossible by the defendant. Not every hypertechnical lapse is a breach; whether or not a breach is "material" enough to be actionable depends on the facts. Similarly, the "no harm, no foul," rule generally applies, so you must be actually damaged to make a valid claim.

    The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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