Legal Question in Business Law in California

What type of business contract do I need?

I may be helping someone market a book by providing him with a list of people to sell the book to (for a certain percentage of its cost). Due to my specific financial circumstances, I'd also like to be paid via a gift. What kind of contract do I need here? Thank you.


Asked on 5/14/07, 10:05 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: What type of business contract do I need?

A gift is something that is given to you without an obvious and necessary quid pro quo. Calling compensation a gift doesn't make it a gift. This would be a fraud on the IRS, someone else you're under contract to, your spouse, or whomever you're trying to fool. Pay is pay.

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Answered on 5/15/07, 12:13 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: What type of business contract do I need?

By definition, payment for your information and/or your services is not a "gift". You cannot get around this fact no matter what contractual language you use.

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Answered on 5/14/07, 10:13 pm


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