Legal Question in Civil Litigation in Virginia
Deal broken, am I entitled to getting reimbursed?
A girlfriend and I date for five months. After the third month, we agreed to take an extended weekend trip to Chicago. It was my idea for us to meet in Chicago and I said that I would pay for the airfare, hotel, and expenses while there (actually it was just assumed, since I always do). After checking with her schedule, I made flight arrangements, hotel accommodations, and on her request, bought non-refundable tickets to a show. Up until a week before we were scheduled to meet in Chicago, she changed her mind, and said she did not feel comfortable in the relationship anymore. She gave no explanation as to why, but just had a change of feeling.
Since she suggested the tickets of the show and made a promise ( I have instant message communications showing us discussing the trip and her promoting the idea about me getting tickets to the show) that she would take this trip with me, am I entitled to reimbursement for my expenses that I was not able to get back because she broke the deal of us going to Chicago? When she first changed her mind, she agreed to pay me back (verbally). Now, she feels as if she should not have to.Total cost her airfare (which she has a credit in her name for), my fare, hotel fee, and tickets-$865-thanks
2 Answers from Attorneys
Re: Deal broken, am I entitled to getting reimbursed?
The the legal theory of when an agreement is
legally enforceable, including in court, is an
interesting one. In general, there must be a
two-way promise, a quid-pro-quo. A promise to
simply give something in one direction is not
an enforceable contract. The promise must be
given in exchange for a return promise back or
something of value given back. A contract is when
you say I would not make this promise if you did
not give me your promise back in exchange.
A gift is usually not legally enforceable. I think that a trip planned together as friends
would be considered as a gift from you to your
girlfriend. Therefore, I do not think it is
legally enforceable.
After that, she verbally promised to reimburse
you. A verbal, unwritten promise IS enforceable
if you can prove that the promise was actually
made. The problem with verbal contracts is
proving that there really is an agreement, not
with the legal theory of a verbal agreement.
However again, her promise is not a quid-pro-quo.
She was simply volunteering to give you money.
There is not a contract that says I promise to do
this in return for you doing that. Therefore I
think that her promise would also be treated as
a promise to make a gift, not
Now, it might be different if the agreement was
(and you could prove it) that you were merely
making the travel arrangements but she had always
agreed to pay her own expenses of the trip. If
you were advancing (loaning) the money to purchase
her tickets and arrangements, then you would be
entitled to what she had always agreed, to pay
you for the expenses, since you never intended to
shoulder those costs but were simply doing the
administrative work of making the arrangements for
her. But again the problem with verbal
agreements is proving what the agreement was.
Sadly, if a woman would do this to you and leave
you holding the bag with these expenses, you have
probably found out that this is not a relationship
that you want to be involved in. It could have
been a lot more expensive, especially if you had
got married before finding out that she is that
kind of person.
Re: Deal broken, am I entitled to getting reimbursed?
if you want to see what happens to these kinds of lawsuits, just watch Judge Judy or Judge whoever. Thank yourself the relationship didn't go any farther.