Legal Question in Civil Litigation in Illinois

Breach of Contract Question

I am a Fashion Design Student, I was

working with a woman making her

shirts. I told her I would be in the

city for the summer. I have had a

change of plans and that is no longer

true. I was planning on making her

4 shirts, but am still working on the

1st. She has paid me for it, and I

just about done. She is telling me

that if I don't give her a shirt, or

refund her her money, she will take

me to court for breach of contract. I

never signed anything and never

agreed to work with her for the

entire summer. Can she take me to

court if I haven't signed anything?


Asked on 7/08/08, 3:16 pm

1 Answer from Attorneys
Nima Taradji Taradji Law Offices

Re: Breach of Contract Question

She certainly "can" file a suit against you in court. You will then need to file an answer and explain why, under the prevailing law, her claim should be dismissed. If you don't she gets a judgment against you and that judgment will be enforceable.

You had a verbal agreement. Some verbal agreements are in fact enforceable. Aside from that, she has paid you and you have done some work. The existence of an agreement can be proven to some extent.

Keep in mind that, under the law, if she files suit and wins, you will be responsible for the judgment amount, any interest on that amount from the date due, and the cost of litigation incurred in obtaining that judgment against you.

All things considered, you should either go through with the agreement you got into and abide by the terms you agree to, or refund her money.

I suspect you also know that is the right thing to do.

I hope this helps,

Nima Taradji

Read more
Answered on 7/08/08, 3:41 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Illinois