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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.

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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

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