Legal Question in Civil Litigation in Florida
Property Loss and Verbal contract
I asked a friend to hold my engagement ring during a happy hour. She lost it. We made a verbal agreement the next day for her to pay less than 1/2 of the purchase price. She has decided that we didn't have a verbal agreement and she will pay less than the amount discussed. There were many correspondences between us referencing our original agreement. If I must go to court, do I sue for the agreed upon amount or the purchase price or the total purchase price since she denies the agreement ever existed? Can I sue for court costs and attorney fees? Do I sue for lost wages? Thank you in advance for your time and consideration in this matter.
2 Answers from Attorneys
Re: Property Loss and Verbal 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.
First, you will not be entitled to attorney's fees or lost wages. Both are all but out of the question in this type of case. Second, you may not be successful in court at all. What is your legal theory for liability? If the friend was doing you a favor, then why should she be responsible for the loss? You should meet with a local attorney who can review this matter with you and assess your chances in court.
Scott R. Jay, Esq.
Re: Property Loss and Verbal contract
No legal fees and no lost wages. Your agreement on repayment has no consideration, unless it can be viewed as a settlement of your original claim against her -- perhaps one of negligence. But, that is a weak claim, since she may have only been doing you a favor.
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