Legal Question in Civil Litigation in Oregon

i have a friend whose ex boyfriend got into legal trouble,and his mother loaned to him about $40,000 to help fight the case.my friend who is no longer involved with the son ,entered into a VERBAL agreement with the mother to help pay back some of the costs. she has paid about $10,000 so far and she feels that when she made the agreement,that she would be together with this son for the rest of her life ,and the ex was lying and using drugs so my friend left him to prevent her from incurring any more costs or problems in the future.

my question is ,what if she stops paying? does this verbal agreement have any bearing in a court of law? and if so does my friend have any way to get out of this verbal agreement?

thank you far any advice in this matter.


Asked on 12/07/10, 9:40 am

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

I assume that the friend did not receive any of the money provided by the mother. In that case, the friend's oral promise to pay money to the mother was "without consideration" and thus did not create an enforceable contract.

If the friend did receive or use some of the money provided by the mother, then the oral agreement to repay is enforceable. But how can the mother prove that your friend orally promised to repay the money?

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Answered on 12/12/10, 3:23 pm


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