Legal Question in Civil Litigation in California

No Contract/Implied Contract

I hosted my first career fair with about 14 companies. When I was trying to obtain these companies and they confirmed, I would send them a form to sign securing their booth price and the agreement there are no refunds. One of my companies failed to sign and return the form but sent me money to participate in the career fair, in addition, they overpaid and I sent back the additional money to them. My fair bombed, there were no attendees, though I advertised everywhere. This company is now asking for their money back, do they get their money back or not because I believe it was an implied contract and it was not my intent to have a career fair that would not go well.


Asked on 3/19/08, 10:33 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: No Contract/Implied Contract

If they sue, you defend and depend upon the written agreement - they sent their money in reliance upon it, with all its terms. It's up to you whether you stand firm or negotiate a resolution that avoids a lawsuit. Judge for yourself how likely they are to sue after you tell them no, based upon the terms. Next time, make sure contracts get signed, and make sure the contract covers this kind of problem. Feel free to contact me for contract review or help with this problem.

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Answered on 3/20/08, 1:22 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: No Contract/Implied Contract

Nothing you have written suggests that the company is entitled to a refund. There may, however, be some other basis for its claim. You should meet with a lawyer to review the case in more detail.

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Answered on 3/19/08, 10:55 pm


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