Hi, my friend is 19 and her father was paying her college tuition. He had said multiple times, with me there, (making an oral agreement) that he would cover all tuition costs as long as she kept going to school and kept her grades up. He now decides he does not want to spend that money. Can she do anything about this and take him to court or blackmail him with this information? According to California law, oral contracts are valid for four years, and proof is in previous payments made for tuition.
Please help!
2006-09-21 12:58:50 · 11 answers · asked by Chuck N 2 in Politics & Government ➔ Law & Ethics
Are verbal/oral agreements binding?
The quick answer to your question is "Yes."
Unless there is a Statute of Frauds (or the contract is covered under the UCC) and there is a requirement that particular kinds of contracts be written (for example, real estate contracts, leases in excess of 12 months, or a contract for a sale of goods over $500 value are often not enforceable unless they have been put down in writing), then an agreement between two parties that is merely spoken is enforceable.
That said, there are a number of defenses someone might assert to justify non-performance or a breach of contract. In this particular case, the father might assert that his daughter was a minor when he made the promise and that she was not competent in the eyes of the law to make a contract. Several other possibilities exist.
Also, blackmail is generally a criminal offense in most jurisdictions.
[This is not legal advice. You should consult a licensed attorney-at-law for legal advice and representation before making decisions that may affect your legal rights.]
2006-09-21 14:01:44 · answer #1 · answered by ParaNYC 4 · 0⤊ 0⤋
In the UK the law varies. If the oral agreement was witnessed by at least two or more witnesses, as a strict and serious promise, then the promise may be brought up in court, and seen as a legal contract. If there are no or few witnesses then it will be difficult to prove anything at all.
Blackmail may be more harmful than good- it could cause tension between the two of them and also may mean he is more unwilling to pay than if she had not done anything.
A better idea is to have a formal meeting or talk together, with at least a witness for each side, and recording if possible. If she could prove to him that she is dependant on his paying for college so that she can complete her course, then he may see sense. If this doesn't work seek other (professional if necessary) advice- she may be able to get the money from somewhere else.
2006-09-21 13:10:31 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Well, now it all depends on WHY he has decided to stop paying. I think it is silly that a father that would want his daughter to attend school enough to offer to cover tuition would suddenly stop paying. Was he covering tuition AND "other" expenses? My dad blew a nut the first year when he was paying my tuition, book costs, living expenses (room and board), AND beer money, shopping money, food money (restaurant style eating), fun money, and all of the other extras that one can incure from school, but are not "necessities" for attending (I would have had a better gpa if I would have laid off the beer). Some children see a parent's generosity as a blank check to max out the credit cards, write checks for the expensive clothing, and just go butt wild with expenses.
Have your friend find out why his change of heart. If he is angry about extra expenses, explain to him that she will be wiser with her spending habits, and she will even get a part time job to assist with added expenses. Maybe she can get a job within the university to lower tuition costs. I think making a good faith effort on her end will appease her father and he may have a change of heart.
If she is unwilling to do that, then I think that she will have a hard time in court with that agreement. I mean there is no obligation for a parent to pay for a child's college education. And if the child is abusing that generosity, I don't think a court in the land will side with her.
That is my advice - take it or leave it, but that is what it is.
2006-09-21 13:09:16 · answer #3 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
As others have stated, the verbal agreement is legally binding, but if the son denies it ever happened then there's very little that can be done, since the burden of proof will be on the plaintiff (the father) in any court case. However, if any payments WERE made before the son stopped honoring the agreement, bank records showing this could be used as evidence that there was some sort of repayment plan in place. It can also depend on the judge. I've seen judges who side with the plaintiff in cases like this, despite a lack of physical evidence, simply because of a good hunch that the recipient of the loan is lying. A loan of that size, especially, should ALWAYS be accompanied by a written agreement.
2016-03-27 01:28:37 · answer #4 · answered by ? 4 · 0⤊ 0⤋
How old was your friend when he made the agreement because a contract with a minor is unenforceable. If she wasn't a minor then she will need your testimony to prove there was an oral agreement. Also, staying in school and keeping grades up should be acceptable consideration unless there have been any recent cases that would state otherwise.
2006-09-21 13:04:52 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You have to distinguish between a contract and a gift. A promise to make a gift is unenforceable, an oral contract is. The difference is consideration. In other words each party must be offering something of value for their to be a contract. It sounds like your friend's father simply made a promise to make a gift. To make this a contract, your friend would have to prove that she was offering something of value in return. Staying in school would likely be viewed as something for her own benefit and not her father's.
2006-09-21 14:08:35 · answer #6 · answered by spirus40 4 · 0⤊ 0⤋
I am not sure if she have a case, but parents can change there minds, and if your friend really want to study this should not be a setback for her, there is many ways to get the money or funds to study for people that really want, if she just want a free ride on campus then she just received a surprise, maybe the father test here to she is she is really serious about study or not, let she try and find her own way to obtain the funds, maybe the father will realize that she is serious.
2006-09-21 13:07:10 · answer #7 · answered by Pete 3 · 0⤊ 0⤋
No court would rule against the father, he can claim all sorts of things to get out of the agrement. And if she tries to sue, then there goes any chance that there would be any support in the future. I would ask her to try to compromise, by asking to cosighn for some loans, maybee offering a partial payment. try those before any legal recourse.
If none of that works, tell her to grow up, and figure out for herself to pay for her education. Most of us have to fund our own educations.
2006-09-21 13:18:59 · answer #8 · answered by kamkurtz 3 · 0⤊ 0⤋
A promise in itself is not binding. A legal contract requires something in return.
2006-09-21 13:03:05 · answer #9 · answered by rhymingron 6 · 0⤊ 0⤋
This is just a promise and every promise is not an agreement and every agreement is not a contract.
2006-09-22 01:27:41 · answer #10 · answered by Seagull 6 · 0⤊ 0⤋