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Do I have an "implied in fact" contract?
New York, NY
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Posted 2 months ago in Contracts / Agreements
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Hi, any help on this matter would be extremely appreciated. Thank you in advance.
The relevant facts are as follows: i worked with a woman at a company for over a year and after 1 year we soon began a romantic relationship. We both wanted to go on vacation so after tons of research she told me "if you find a good deal, book it!" all the while I made sure she knew I wasn't paying for both of us. That night I booked a great deal to Dominican Republic. She expressly agreed to pay for the trip via txt message, I have two witnesses of the text. One week before the trip she canceled because she got back with her ex. The trip was non-refundable and non-transferable. I tried getting a buddy to come with me but tickets were $1k per at that point. Do I have a claim for "implied in fact" contract? Answers (1)
Ronald Anthony Sarno
This attorney is licensed in New York and 1 other state.
Posted 2 months ago.
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You had a verbal contract which courts find very hard to enforce. The text is a proof of sorts of the existence of a verbal contract. You can sue in small claims court. You have a 50% chance of winning or a 75% chance the court or the arbitrator will tell you to accept 50% of the payment since you should have been smart enough to get the money before booking.
On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you: Is it Legal? Is it Illegal?...Understanding the different court systems; Legal terms used in litigation……………………………………………………….. New York City: A Guide to the Courts…………………………………….. Commercial litigation . LEGAL DISCLAIMER………………………………………………………………….. Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.
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