We both agreed to a percentage rate verbally in the begining, I helped secure a athelic a contract for 1 year with a big sports Organisation, and 1 year negotiation period leading to another contract. The athelic has competed 3 times this year, and has paid me 3 times for my services. He has still 2 more events for this year to compete in.
Since the last payment we had a disagreement about how I should still be paid the percentage agreed on. I dont have a signed contract as this persons manager, but do have e-mail, fax, flight booking evidence that I was a third party who secured this contract for him.
It has come to greed, if anyone can tell me if I have a chance in court, before I go to see a lawyer. Any comments welcomed
2006-09-12 05:33:20 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Verbal contracts hold up in court.
2006-09-15 11:16:23 · answer #1 · answered by Pokie 2 · 1⤊ 0⤋
Verbal contracts are generally binding, unless the subject matter was one of the few things that the state defines as must be written.
Contracts that are intended to law one year or longer generally fall into that category, as defined by the state's Statute of Frauds, of what must be written. But there is also the doctrine of partial performance, which allows such contracts valid anyway.
It all depends on the laws of your state, and how much you can prove in a court if the matter goes to trial.
You should consult with an attorney in your state, who can review the facts and give you proper legal advice on your options.
2006-09-12 12:38:28 · answer #2 · answered by coragryph 7 · 3⤊ 0⤋
While the first answer is a good one, there are additional considerations, which you should discuss with your lawyer. Primary among them is whether there is specific legislation in your state that affects the way agents are regulated.
Many states have laws that govern agents and/or managers, which can limit both time lengths of the contract and the amount of compensation to the agent...and, of course, these laws may require that the agent agreement be in writing.
2006-09-12 13:40:14 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Unwritten contracts are perfectly legal in most circumstances and are certainly enforceable at law; however, it is often difficult to prove the terms of an agreement in the absence of a written contract. The correspondence and other evidence you mention sound like they could be quite helpful to you, but it will be your responsibility to prove the terms you want enforced, so I hope you have a lot to work with. Good luck.
2006-09-12 13:30:39 · answer #4 · answered by BoredBookworm 5 · 1⤊ 0⤋
Next time get it in writing dumbass. Good luck getting a lawyer to help you with that mess. I bet the athelics contract with the Organisation was written.
2006-09-12 18:54:13 · answer #5 · answered by superlawyerdude 3 · 1⤊ 0⤋
Personally it is going to come down to he said/she said. You can contact a lawyer and see what they have to say and go from there.
Next time write up a contract. Include length of contract, date, etc. Make two copies and the both of you go to a notory and sign the contracts in front of the notory and the notory will sign it and you both get a copy.
Verbal agreements are technically binding but hard to prove that is what was agreed to. Your best bet for the future is to from now on put everything in writting and get it notorized.
2006-09-12 12:42:50 · answer #6 · answered by butterflykisses427 5 · 1⤊ 1⤋
You can sue for breach of an oral contract. Gather your documents and go to small claims court if the claim is less than $5,000.
How much money do you think you could collect from this person because an attorney will want at least 30-40% of a settlement.
Good luck.
2006-09-12 12:40:46 · answer #7 · answered by Anonymous · 1⤊ 0⤋
A verbal agreement is just as binding as a signed contract... unfortunatley, unless there is a witness or other proof, a verbal agreement is next to impossible to prove or disprove in court.
2006-09-12 12:40:15 · answer #8 · answered by j H 6 · 0⤊ 0⤋
I agree with the comments made by your first respondent.
Someone once said "A verbal agreement is not worth the paper it is not written on".
If you can prove that there was a 'meeting of minds' between the two of you, you may well have a good chance of success.
2006-09-12 12:41:14 · answer #9 · answered by aarcue 3 · 0⤊ 1⤋
Verbal contract is just as legal as written! If you have the proof then the cat's in the bag! Go for it!
2006-09-20 09:31:58 · answer #10 · answered by Anonymous · 0⤊ 0⤋