Legal Question in Business Law in Pennsylvania
Can he actually sue me for this?
I was involved in a bikini calendar. It is not a registered business, nor did we have a written contract. I pulled my pictures and walked away from the project due to his lack of professionalism. The photographer, my boyfriend, also walked away because he was never paid. Now, I am getting threatened that if my boyfriend doesn't get back on the project that I will be sued for ''damages incurred'' and loss of wages. This man never invested his own money into it, how can he sue me? Is he able to take any legal action? He keeps throwing around the term ''binding verbal contract'' but I'm not even sure what I supposedly agreed to in the first place!
3 Answers from Attorneys
Re: Can he actually sue me for this?
A verbal contract can be enforced, however it has to be proven.
It is also reasonable to terminate a contract due to lack of professionalim.
Anyone can sue anyone, however the court may decide they don't have a valid claim and lose.
Good luck to you.
Re: Can he actually sue me for this?
I agree with what Glenn said. Additionally, a good thing about be in the Defense, where you are, is that you can wait until he makes the first move before you spend any money on attorneys fees. However, if he does serve you with a complaint get to an attorney because you have a limited time to answer. Good luck.
Re: Can he actually sue me for this?
You asked about being sued for "breach of verbal contract."
If you actually are sued then you need to find an attorney immediately. Otherwise, just leave this alone and don't sweat it.
Anyone can sue for anything. If you are sued the plaintiff would need to prove 1) that you entered a contract, 2) that you breached that contract, 3) that he suffered damages as a direct result of that breach. If even one element is missing then you win.
A verbal contract is enforceable if it was specific enough and can be verified, even by parol evidence (look it up). A devense to breach is that you were entitled to breach and that shifts the burden for that element back to the plaintiff. Most important is that he probably cannot demonstrate that the damages were directly attributable to your breach. Are the damages he asserts reasonably foreseeable? Probably not.
If you or your boyfriend get a summons, give me a call. Otherwise just put this incident behind you.
Regards,
Roger