Legal Question in Business Law in Florida

contract

a sole proprietor beauty salon owner dies. A 2 year old contract for monthly advertising whas in effect at the death. The salon closes for a short period. The owners daughter chagnges the name and signs a new rental lease and reopens the slon. Is the advetsing contract still valid? Can the daughter be held liable?


Asked on 5/23/07, 3:15 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: contract

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A qualified maybe. You have provided very minimal information and it is hard to voice any real opinion. Simply changing the name will not avoid the charges due under the contract. If you assumed the business, then you may be held liable by a court for the obligations of the business.

If it is an entirely new business including with a new name, new telephone number, new equipment, new lease, etc., you might be able to prove to the court if a suit is filed that you have no responsibility and thus escape liability. If you are using the same name and telephone number and thus obtaining the benefit of the contract, I think you may have a problem.

I would strongly suggest that you consult with an attorney who can review exactly what transpired and advise you as to your legal rights and obligations.

Scott R. Jay, Esq.

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Answered on 5/23/07, 7:28 pm


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