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

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


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.

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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!

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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 until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as

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