Legal Question in Business Law in Virginia

Breach by offerer -verbal contract

My neighbor offerered me $1500 to paint his house,needed done by end of next month. I agreed, the priced suppliers were to be bought by me, I purchased the paint and I was getting ready to paint. My neighbor changed his mind.

Can I collect any damages.


Asked on 2/25/05, 11:28 am

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Breach by offerer -verbal contract

First, in contract law, usually the only damages you can collect are what you have actually lost. So you owuld not be

Second, a verbal contract is certainly enforceable. However the problem comes with proving that it was agreed to. So if you say your neighbor said X, and your neighbor denies it, then the judge would not believe that there WAS any verbal contact, because you have the burden of proof. So if it is 50-50, you lose. However, legally, a verbal contract is enforceable. The problem is not with the legal theory but with proving that you actually reached an agreement.

Obviously, you should try to return the paint and other supplies. In fact, under one legal doctrine you would not be able to collect if you don't try to minimize your losses. But you should certainly be able to recover any money you actually lost.

In theory you could also recover lost profit. However, I think in a case like this it would be very hard to prove what your lost profit is. Since you did NOT actually paint the house, the amount of your losses is NOT $1500 but is $1500 minus what you saved by NOT actually painting the house. That would become difficult to measure.

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Answered on 2/28/05, 12:21 am


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