Do I have a claim for a breach of oral contract or something?

Asked over 1 year ago - Orlando, FL

I have a friend who is a programer and he told me in writing and on recorded voice audio that he intended to give me a program for me to sell comercialy but another companey just bought it from him in the licence, however they have not as of yet signed final contract. Do I have a claim? They sign on monday morning at 9 am,unless he renegociates.

Attorney answers (3)

  1. Eugene P. Castagliuolo

    Contributor Level 16


    Lawyers agree

    Answered . I haven't seen your "writing" but I suspect that it doesn't contain essential contract terms, but is merely a statement of his (unfulfilled) intention(s). You both should have visited a lawyer and reduced your agreement to a proper writing with all of the essential ingredients (including consideration). All you really have is what a judge I knew once used to call "happy talk." Sorry!

    I often take cases other attorneys won't, so call me for a free consultation. My number is 727-712-3333, or you... more
  2. Celia R Reed

    Contributor Level 20


    Lawyers agree

    Answered . No you don't. An intention to act cannot be the basis for a lawsuit unless you relied on it to your detriment. Further, an intention to make a gift does not form the basis of a binding contract.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more
  3. Camilo Andres Espinosa

    Contributor Level 9


    Lawyer agrees

    Answered . The requirements of a valid contract need to be met. Here, it seems that your friend intended to give you something but we do not have a valid offer or even acceptance.

    Camilo A. Espinosa
    3101 Indian Creek Drive, Suite 207
    Miami Beach, FL 33140

    This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer... more

Related Topics

Business litigation and breach of contract

A breach of contract means breaking a binding legal document by failing to satisfy the terms of the contract without a lawful reason.


Business law covers topics such as business structures, common documents, business taxes and finances, insurance, real estate, and government regulations.

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