My sister recently broke up with her boyfriend. While they were together the boyfriend was hired to build a deck for someone. He was given $1500 up front for the job. He does not have a bank account so he requested that the check be made out in my sister's name so she could cash it for him. Needless to say he did not complete the work and he spent the money.
The guy who wrote the check called my sister and told her she was responsible for paying him back. He told her she either needed to pay it or sue the ex for the money. He told her if she didn't get the money to him, he would sue her for it.
Is she liable for the money because the check was made to her even though it was an agreement between her boyfriend and that guy? It was the request of her boyfriend that the check be made out in her name, not her request. Shouldn't he have to sue the ex-boyfriend to get his money back? Can he really sue her?
2007-07-26 07:13:56 · 6 answers · asked by Jody S 1 in Politics & Government ➔ Law & Ethics
1. is she liable for the money?
YES, unless she has documented proof that she gave it to her boyfirend....and Yes because she was acting as an agent in his behalf.
2. shouldn't he have to sue boyfriend?
NO...you sister acted as his agent. she was responsible the moment the money went into her name into her account.
3. Can he sue her?
YES...and not only that he could go to the bank and dispute the charges (without going to court)...and the bank will reverse the money into his account and out of her's.
she won't even know what hits her if that happens.
I am sorry - but your sister never should have acted on behalf of her boyfriend...believe me he knew what he was doing.
a check is a contract and when she accepted it - she became his agent.
If she does not want to be sued, i would have her calmly call this gentleman back and apologize. I would then have her attempt to make weekely payments to him or come to some type of agreement....and if she does then remember to get it in writing.
sorry. good luck
2007-07-26 07:26:34 · answer #1 · answered by Blue October 6 · 1⤊ 0⤋
No, she is not liable for the money.
In contract law, there are two different aspects -- the person who is legally entilted to receive payment (or other consideration) and the person who is legally obligated to perform the work.
Right of payment can be "assigned" to someone else without changing the legal obligations of the parties as to what they must do.
Delegation, on the other hand, changes who is legally obligated to fulfill the contract, and who is legally liable for a breach.
Since the duties of the boyfriend were not delegated, he remains liable for doing the work, or compensating the other party for failure to do the work (breach of contract).
The assignment to the sister does not affect that.
However, there is one exception. If the sister kept the money, the other party can sue here under a restitution theory for unjust enrichment -- she got something that she was not legally entitled to get, based on what happened. But that would not be a matter of breach of contract -- it would be a separate action.
All laws vary by state/country. Consult a local attorney to find out if that general rule applies in your jurisdiction.
2007-07-26 07:37:04 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
Yes, he can. If he sues BF instead, then BF can name her as an additional Defendant, by claiming she kept the money.
I doubt it will stick, though. What she needs to be prepared to show is that the check was just cashed, not deposited in her account and spent over time. That implies that she never really had it, and tends to support her claim to be an accomodation party.
Plaintiff would probably find her a better witness than a Defendant. If he tries to sue her, he won't get very far. Since there was no contract between the two of them, the money was a gift as far as she would be concerned.
*** No, Business Mom, she was not acting as his Agent. She was an Accomodation Party. These other two people cannot make her a part of their transaction against her will.
2007-07-26 07:30:19 · answer #3 · answered by open4one 7 · 0⤊ 1⤋
Unfortunately, she is liable for the check. She signed for it, cashed it, etc. She will have to pay the guy and then sue the ex-boyfriend in small claims court to recover the money.
All laws vary. You should consult a local attorney to find out what remedies are available to your sister.
2007-07-26 07:41:54 · answer #4 · answered by Starla_C 7 · 0⤊ 0⤋
If there was no form of written agreement or documentation between the boyfriend and the ohter guy, my guess is that he can sue her for the money.
2007-07-26 07:24:49 · answer #5 · answered by Beth 3 · 1⤊ 2⤋
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2007-07-26 07:27:47 · answer #6 · answered by CITRONGE 2 · 0⤊ 1⤋