Legal Question in Business Law in Florida

What are custodial obligations regarding prototpes during business negotiations?

I invented a device for a toilet cleaning application and submitted to a gentleman that initally said he wanted to license it from me. He asked that I forward the prototype to him for manufacturing evaluation in China which I happily complied with. Some time later, he decided to back out of the deal and now he says he's not legally required to return my prototype. He's in Tennessee and I'm in Florida


Asked on 7/19/11, 1:36 pm

2 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can only say it depends on what your contract with him provides. Hopefully you had an attorney and put together a well-drafted agreement that covers many issues - including your rights, jurisdiction of there's a dispute, attorneys fees, etc. If not, be prepared to spend a lot of money on attorneys now, and chasing him in TN. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 7/19/11, 1:42 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

It depends entirely on the terms of your contract or agreement with him. Look at your lewtter or e-mail exchanges, these can form contractual obligations. The agreement does not need to be on a single, signed peice of paper -- although that would be best.

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Answered on 7/21/11, 9:11 am


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