Legal Question in Business Law in California

Re: enforcement

If you are in northern California I would very much like to talk you about this. You may have an actual contract rather than the negotiation depending upon the facts. It could be an oral contract which is harder to prove other than by the writings. If she signed in dated the document based upon its warding it could be an actual written contract. It may be tied into your dissolution of marriage and, if you have won a settlement agreement. This is something I do not know. I would recommend against third party beneficiary contract theories. It puts your daughter in a very awkward position of having her silver mother. This is something I don't think you really want and I'm sure that she doesn't wanna do it either. Therefore, there are easier ways and many times more productive ways of dealing with the situation. Even before needing any kind of lawsuit there is negotiation which I have found to be very fruitful and productive. That avoids a great deal of attorney expands and time as well as your own emotions and frustrations. Please feel free to call me at 925 -- 376 -- 1951.

Re: enforcement

You do not say whether the tuition-sharing agreement was a part of your marital settlement agreement and/or incorporated into your decree of dissolution. This may affect the means, and ease, of enforcement.

Assuming it was not part of an MSA and decree, I think this may be an enforceable third-party-beneficiary contract. It may not require invoking the doctrine of promissory estoppel.

I have looked at a few cases that seem to be more or less on point. It looks to me as though your daughter could sue on the contract as an intended third-party beneficiary, seeking either damages for its breach or for specific performance. You could also sue, I believe, for specific performance but probably not for damages.

I rather doubt that you could invoke promissory estoppel based upon the cases I have skimmed, but your daughter perhaps could, if necessary, but she need not. So, use promissory estoppel as a back-up or alternate theory.

In conclusion, either you or your daughter could sue on the contract. She is in a somewhat stronger position. Your best cause of action is for specific performance.

Re: enforcement

the law in this area basically asserts that if a person reasonably induces you to rely on something and you in fact do justifiably and detrimentally rely on the promise, then the courts will enforce "the agreement" at least up to the extent that justice is served. if you would like to tell me more about the specifics of your case, especially in respect to what "negotiated writing" you do have in your possession, i may be able to further assist you in this matter.