Hypothetical situation: Say your girlfriend planned on giving you a motorcycle but instead gave it to another person, if you felt compelled to sue the girlfriend for some reason, would it be considered Tort, Breach of contract, Equity, or none of those.
2007-09-19 05:35:42 · 8 answers · asked by The Interrupter 3 in Politics & Government ➔ Law & Ethics
Like I said before, this is hypothetical. I'm not interested in suing anyone. Just a question
2007-09-19 05:42:11 · update #1
None. Your hypo says "giving". A gift is not a contract and you cannot sue for breach of a nonexistent contract.
If, based on your girlfriend's promise to give you a motorcycle, you go out and buy expensive equipment and then she changes her mind, then there is a claim in "quasi-contract", an equitable claim. But you would need to show that she intended for you to change your position--buy new stuff--when she told you were getting the motorcycle. Even then, you don't get the motorcycle. You would only receive reimbursement for the stuff you bought.
Otherwise, no claim here.
2007-09-19 08:32:45 · answer #1 · answered by raichasays 7 · 0⤊ 0⤋
Verbal contracts can be upheld in a court of law, however, this situation is not a contract. The girlfriend simply changed her mind of who the recipient of a gift (motorcycle) would be. Sorry.
2007-09-19 05:44:59 · answer #2 · answered by working mom of 3 4 · 0⤊ 0⤋
Hey, I plan on giving you a million dollars...wait, I changed my mind...you think you can sue me?
Edit--If you insist--You can't sue in contract, there's no consideration on your part. You can't just sue in "tort" you have to have a cause of action, I don't see what it would be...if you want the bike, you would have to sue in equity, based on some enforceable expectation on your part, which would hardly be enforceable against an innocent 3rd party ... so anyway you slice it, I don't see you have a cause of action. Good luck on Judge Judy, though.
2007-09-19 05:39:50 · answer #3 · answered by makrothumeo2 4 · 1⤊ 0⤋
I would say unless you had a very specific verbal contract you would be out of luck on the court case
2007-09-19 05:42:12 · answer #4 · answered by Amy B 3 · 1⤊ 0⤋
Without a written contract, you are out of luck.
2007-09-19 05:41:46 · answer #5 · answered by Tammi B 3 · 0⤊ 0⤋
Maybe breach of contract, if you went out and bought a helmet and gear in reliance on her gratituous offer before she backed out. If you relied on the promise before she backed out, she'd be on the hook. Look up "promissory estoppel."
2007-09-19 05:53:40 · answer #6 · answered by Shell Answer Man 5 · 0⤊ 1⤋
it would probably be breach of contract, but like others have said, without written or handshake agreement it would be null and void.
2007-09-19 05:45:50 · answer #7 · answered by Jenna 3 · 0⤊ 1⤋
None. You could not even file a suit. Unless the "plan" was in writing, nothing you can do.
2007-09-19 05:45:28 · answer #8 · answered by sensible_man 7 · 0⤊ 1⤋