Legal Question in Business Law in New Jersey
no contract for a graphics joc via internet
Hi,
I am a graphic artist who does jobs for clients via internet without a contract. Can a client take legal action against me if he claims I did not delivered work as promised? All contact was via email. I am worried since this client has big shot lawyer associations and I have nothing. The jobs ranged from $20- $200 (paid via check or paypal). I feel like I am being threatened because they know I am weaker and it's easy for them to threaten me.
2 Answers from Attorneys
Re: no contract for a graphics joc via internet
When working without a written contract, the intentions of the parties are generally determined from any other correspondence, communication, or other evidence related to the transaction which can form the basis of a verbal contract. As such, this information would need to be reviewed to determine if the work was performed according to the intentions of the parties. If the intentions of the parties cannot be determined from this evidence, then the law applies what's called "implied warranties" for merchantability and "fitness for a particular purpose." Whether or not your work conformed to these warranties would depend upon your specific situation. Please feel free to contact me if you'd like to discuss.
Re: no contract for a graphics joc via internet
I concur with Dan, adding that the e-mails may form the basis of a contract. Suit may be brought, and the e-mails will determine if there was a contract and what were its terms. You do not say what, if anything, was contained in the e-mails about the delivery date, and if anything was said about late performance. These are the critical elements for a damage claim against you.
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