Legal Question in Intellectual Property in Florida

I need to know.

If a person verbally promises to replace valuables that were missing yet as made no effort to do so? Is that enough proof to go to court?


Asked on 7/09/09, 6:04 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Re: I need to know.

Going to court and winning are two different things. If you have a good faith belief in your position and believe you are entitled to a remedy, you may go to court to enforce a verbal contract. However, you will need more 'proof' than just your word. Emails, text messages, voice mail, etc. can be admitted by the judge as evidence.

One other hurdle will be whether the person who promised to pay is the person who stole the items in the first place. A judge has the last word, but in general, if someone promises to pay the debt of another for no consideration of their own, you will have a hard time enforcing that - especially with no writing.

So, in short, verbal contracts can be enforceable. A judge will decide what is enough proof ("preponderance of the evidence") to make the other person pay you.

Hope that helps.

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Answered on 7/10/09, 7:30 am


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