Legal Question in Consumer Law in Wisconsin

Breach of Verbal Contract
I had a written contract to obtain services from a limo company on the day of my wedding. My fiancee and I met with the owner of the company to see the limos and decide which one we wanted. There was a verbal agreement between me and the owner of which one we were to receive, however this was not on the written contract. On the day of our wedding we received the wrong limo and the one we received was substantially less in cost then the one we agreed upon. I did not say anything the day of the wedding because we were on a strict time schedule and needed to get going. After several unreturned phone calls to the company and the owner to find out why we received the wrong one, I got the answer ''Well he (the owner) must not have heard you.'' Do I have a case of breach of contract? Can I use my husband as a 3rd party witness to the verbal contract because he was present when the agreement was made between me and the owner?

Asked on 10/17/08, 9:19 am

2 Answers from Attorneys

JAY Nixon nixon law offices

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Breach of Verbal Contract for Limo

As the old saying goes, a verbal contract is only worth the paper is it written on, i.e., if any detail in the negotiations is important to you, make sure that it appears in the final written contract. If not, well, the saying is pretty accurate as to its value, as in "none." Even if you could prove the existence of a contract (whether written or verbal), the next question in such a litigation is the value of your damages. Unless there is an economic loss of some sort, our legal system is not particularly good or cost effective in establishing damages or compensating for them. I cannot represent you in this online forum and my comments are not intended to create an attorney client relationship.

Answered on 10/18/08, 9:36 am

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