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

    6

    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

    6

    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

    1

    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
    305-390-0450
    camilo.espinosa@loigica.com

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

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