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  1. #1
    Join Date
    Jun 2009
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    2

    Default Verbal Contract, No Payment from Father

    State: California
    Parties: a 19 year old woman vs her father

    Case: Shortly after her decision to move out, "Jen" was instructed by her father "Bob" to adopt a shelter dog, assuring her that as long as she took care of the dog, he would pay all costs involved with the adoption, neutering, and upkeep of said dog. It has been many months now, and the bill for this dog has passed $300, all paid by Jen and her boyfriend. Does he actually owe her anything, or can he walk out on the dog and daughter both, letting her sink into further debt?

    Now for the Twist: Bob recently adopted a dog of his own, which in turn attempted to attack Jen's dog. Jen held him off, getting bitten by Bob's dog in the process. Bob ignored her phone call asking for help, then came home much later and berated her for calling 911 to learn how to treat a dogbite.


    Case 2:
    Same parties, but this time over a car. Over the years Bob has promised the "spare" car (first a neon, then another neon, and now a camaro) that he owns to his daughter. The first was repossessed, the second was sold behind her back, and the third is sitting at his house (where she diligently works on it every weekend). Bob once again promised this car to her for her 19th birthday, which came and passed without transfer. She found out 2 weeks after that if he did give her the car, he would also leave the back-registration fees to her, as he has never registered it.

    Now for the twist: He is actively buying and selling cars, sometimes owning 3 or 4 at a time before selling or losing them.

  2. #2
    Join Date
    Jan 2008
    Posts
    1,948

    Question Re: Verbal Contract, No Payment from Father

    Is this a school assignment?

  3. #3
    Join Date
    May 2009
    Posts
    12

    Default Re: Verbal Contract, No Payment from Father

    I would say yes to the dog, but no to the car. Why?

    #1 is what is known as a "unilateral contract," or one in which the offer requests performance (adopting the dog and taking care of it) rather than an exchange of mutual promises (example: dad will sell her the dog for $500).

    In unilateral contracts, usually the promisor (dad) would promise to pay upon completion of the requested act by the promisee (daughter). Once the act was completed (as it was here because she did in fact adopt the dog and take care of it), a contract would be formed, which is LEGALLY ENFORCEABLE!

    Also, contracts of this type aren't required to be in writing. What is required in writing? Just the following: 1) personal promise to pay estate debts, 2) promise to pay someone else's debt, 3) prenup, 4) interest in land (real estate/easement/fixture/minerals/mortgages), 5) promise that can't be performed within a year, 6) sale of goods $500+. Because adopting a dog/taking care of it doesn't fit within any of these categories, I would say that the daughter is good to go!

    The dad sounds like an a__ for the dogbite incident!

    #2 is unenforceable because the daughter did not provide consideration (something that is bargained for in exchange, which is of legal value - something that either benefits the dad, or is a detriment to the daughter) for the car, meaning that in effect, no contract was formed. A "gift" s not a bargained-for exchange. Her father made a "gratuitous promise" for nothing in return; a promise which is not enforceable by law. Therefore, you don't even reach the issue of whether it matters that it was verbal or written. If you can prove that she did agree at the time of the deal to provide something in return (whether it's money, performance, etc.), then she might have an argument. However, even if she's able to show that she bargained something (to the benefit of her father or to her detriment) in return for the car, she would still likely fail on the grounds that the agreement must be in writing, since a car is a sale of a good that costs $500+ (see above the laundry list of agreements that MUST be in writing to be legally enforceable).

    As an alternative argument, if the daughter is able to show that she "detrimentally relied" (meaning that she changed her position financially or suffered some kind of loss) based on her father's promise, she may be able to recover in a legal doctrine called "promissory estoppel." Why should she go this route? Because "promissory estoppel" doesn't require consideration (the bargained-for exchange that is missing from the promise to give her a car)!

    If I were her, I would argue that the "diligent work" she has been contributing to the car is based ON RELIANCE OF HER FATHER'S PROMISE. She will have to show that:
    1) her dad reasonably expected her to detrimentally rely on his promise (she must show actual action or forbearance - like doing work on the car);
    2) of a definite & substantial character; &
    3) her action/forbearance is in fact induced (working on the car).
    She'll then be able to enforce his promise!

    But there is no way she can legally enforce him to just give her the car and to also pay the registration fees without showing that she has changed her position in reliance on his promise.

    Unfortunately, it's legally irrelevant that he is a jerk and buying/selling cars back and forth even though he promised her a car.

    Good luck!

  4. #4
    Join Date
    Jun 2009
    Posts
    2

    Default Re: Verbal Contract, No Payment from Father

    I wish it were. This is my ex getting cheated by her father.

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