Legal Question in Business Law in California
If I pay money to a bail bondsman to bail a lifetime friend out of jail, am I entitled by law to be compensated by that friend for the bond fee?
In other words, if for some reason he does not pay the bond fee back, is he legally liable to me for the bond amount? Can I sue him for the bond amount and get a judgment if I have to?
4 Answers from Attorneys
Only if you and he agree ahead of time that he will pay you back. The agreement does not have to be in writing, but if it isn't you will have a much harder time proving your case. (The written agreement should also say when the payment will be due, on what terms, etc.) Without an agreement, your payment is a gift that your friend is not legally required to pay back.
You could try if you can prove that was your 'deal' with him.
More importantly, you'd better hope he doesn't skip and cost you the entire bond security you put up.
I don't agree with the previous answers. "Entitled by law" may be a bit strong a term, but there is good legal theory and precedent saying that you could win a suit to recover the money you advanced to bail out your friend. Your recovery would not be based on a contract, but on a theory that you are entitled to restitution for the benefit conferred upon your friend. Other terms used to describe the legal theory include "quasi contract" and "unjust enrichment."
The three elements necessary to be established in order to sustain a claim based on unjust enrichment (a/k/a quasi contract or restitution) are: (1) a benefit conferred upon the defendant by the plaintiff; (2) an appreciation or knowledge by defendant of the benefit; and (3) acceptance or retention by defendant of the benefit under circumstances making it inequitable for the defendant to retain the benefit without compensating the plaintiff.
The origin of the concept was Lord Mansfield's decision in the classic case of Moses v. Macferlane, 97 Eng. Rep. 676 (King's Bench, 1760).
So, it shouldn't really matter whether you had a "deal" (contract) or not.
I agree with Mr. Hoffman.
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