Legal Question in Civil Litigation in Virginia

Deal broken, am I entitled to getting reimbursed?

A girlfriend and I date for five months. After the third month, we agreed to take an extended weekend trip to Chicago. It was my idea for us to meet in Chicago and I said that I would pay for the airfare, hotel, and expenses while there (actually it was just assumed, since I always do). After checking with her schedule, I made flight arrangements, hotel accommodations, and on her request, bought non-refundable tickets to a show. Up until a week before we were scheduled to meet in Chicago, she changed her mind, and said she did not feel comfortable in the relationship anymore. She gave no explanation as to why, but just had a change of feeling.

Since she suggested the tickets of the show and made a promise ( I have instant message communications showing us discussing the trip and her promoting the idea about me getting tickets to the show) that she would take this trip with me, am I entitled to reimbursement for my expenses that I was not able to get back because she broke the deal of us going to Chicago? When she first changed her mind, she agreed to pay me back (verbally). Now, she feels as if she should not have to.Total cost her airfare (which she has a credit in her name for), my fare, hotel fee, and tickets-$865-thanks


Asked on 5/22/05, 7:57 am

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Deal broken, am I entitled to getting reimbursed?

The the legal theory of when an agreement is

legally enforceable, including in court, is an

interesting one. In general, there must be a

two-way promise, a quid-pro-quo. A promise to

simply give something in one direction is not

an enforceable contract. The promise must be

given in exchange for a return promise back or

something of value given back. A contract is when

you say I would not make this promise if you did

not give me your promise back in exchange.

A gift is usually not legally enforceable. I think that a trip planned together as friends

would be considered as a gift from you to your

girlfriend. Therefore, I do not think it is

legally enforceable.

After that, she verbally promised to reimburse

you. A verbal, unwritten promise IS enforceable

if you can prove that the promise was actually

made. The problem with verbal contracts is

proving that there really is an agreement, not

with the legal theory of a verbal agreement.

However again, her promise is not a quid-pro-quo.

She was simply volunteering to give you money.

There is not a contract that says I promise to do

this in return for you doing that. Therefore I

think that her promise would also be treated as

a promise to make a gift, not

Now, it might be different if the agreement was

(and you could prove it) that you were merely

making the travel arrangements but she had always

agreed to pay her own expenses of the trip. If

you were advancing (loaning) the money to purchase

her tickets and arrangements, then you would be

entitled to what she had always agreed, to pay

you for the expenses, since you never intended to

shoulder those costs but were simply doing the

administrative work of making the arrangements for

her. But again the problem with verbal

agreements is proving what the agreement was.

Sadly, if a woman would do this to you and leave

you holding the bag with these expenses, you have

probably found out that this is not a relationship

that you want to be involved in. It could have

been a lot more expensive, especially if you had

got married before finding out that she is that

kind of person.

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Answered on 5/24/05, 3:15 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Deal broken, am I entitled to getting reimbursed?

if you want to see what happens to these kinds of lawsuits, just watch Judge Judy or Judge whoever. Thank yourself the relationship didn't go any farther.

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Answered on 5/22/05, 1:08 pm


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