Legal Question in Business Law in Florida

Verbal Agreement

I have a new test that uses video simulation to determine training needs of workers. I provided the ''test tape'' to an organization for their review to see if it fits their needs. As part of this discussion, I mentioned the importance of keeping the test tape in an appropriate, secure place (e.g., in their office) to ensure the test is not compromised by having the video situations copied or otherwise distributed. Four months later, after numerous calls and emails that weren't returned, they finally respond to say they have misplaced the tape and in any case say they do not recall the conditions of receiving the tape.

Do I have any recourse and what if the test is compromised through their apparent negligence?


Asked on 3/27/02, 1:40 pm

1 Answer from Attorneys
Randall A. Lenz Randall A. Lenz, Atty, CPA

Re: Verbal Agreement

You have a possible legal claim for the safe return of the materials you provided and a possible claim for additional damages should the test be compromised to your detriment. What recourse do you have if they don't return the tape??? It really depends on how hard you wish to pursue the matter. Assuming a loss of the video, your only recovery is money damages that the organization may or may not be willing to pay (meaning you may have to resort to legal proceedings). Write them a letter explaining your position and the compensation you demand. If they refuse, then you will have to weigh the expense of legal measures v. the likelihood of and amount of the recovery. In the future, whenever delivering materials you want back, please consider sending a letter describing the terms of the delivery and the damages expected if materials are lost. Good luck!

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Answered on 3/27/02, 3:41 pm


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