Legal Question in Consumer Law in Wisconsin
Does a promise made by a customer service agent constitute a verbal contract?
If a customer service agent makes a promise to you does that constitute a verbal contract between you and the company they represent?
1 Answer from Attorneys
Promise Made by a Customer Service Agent; is it a Verbal Contract?
I would not count on it, but instead would retain your own attorney to analyst the situation if the situation is serious to warrant the expense. The law of "apparent authority" sometimes provides that an agent can bind a principal, such as employer corporation, provided that certain things are true. First, one would have to prove that the relevant words were spoken; potentially a serious challenge by itself. Assuming this, the next challenge is to prove that the company clothed the agent with "apparent authority" which would lead a reasonable consumer to believe that the agent was so authorized. Numerous other issues could also come up, such as detrimental reliance (proving that you relied upon the promise) to your detriment, as well as damages even if you did prove a breach of such a contract. My comments here are not intended as legal advice.
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