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Subject:
Does breach of contract apply to a business partnership without signed papers?
Category: Business and Money > Small Businesses Asked by: patriotreport-ga List Price: $5.00 |
Posted:
12 Jul 2005 15:04 PDT
Expires: 12 Jul 2005 23:42 PDT Question ID: 542779 |
I was approached by an associate about starting a business. We went through the initial phase of "Is this a viable business". We moved on to the other party asking me what I would like for salary/ownership based on his financing and my running the show. I explained that i would need $60,000 and 20% ownership with $5000 in advance to get my family bills settled here in Portland and to find a place to live up in Seattle . He accepted and asked me to look into property for the business as well as asking me to investigate our competition. I did that and spent three weeks of my time getting everything together. He then emailed me with a short message stating that he was sorry that the business was not "a go" and that he new I was excited about the "idea" but he did not have the time to "do this". I have most all of our conversations in email form. Do I have a chance in hell of recouping any money from this guy? |
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There is no answer at this time. |
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Subject:
Re: Does breach of contract apply to a business partnership without signed papers?
From: owain-ga on 12 Jul 2005 15:23 PDT |
You say he "accepted", but did he accept and enter into a partnership, or did he accept your terms in principle as applying if you *subsequently* entered into a partnership? It sounds to me as though you were both still at the exploring stage rather than actually setting up a business venture. Forget it and move on. Owain |
Subject:
Re: Does breach of contract apply to a business partnership without signed papers?
From: khephri-ga on 12 Jul 2005 20:14 PDT |
If you want a real answer to this question, you should see a lawyer. Some lawyers will do an initial evaluation for a not-so-astronomical set fee. State laws vary, but, at least in some states, oral contracts are just as enforceable as written contracts; there is just a whole lot more trouble figuring out what the contract terms actually are if the contract isn't written down. So, you may have a case. The problem is, what are your financial damages? Certainly, you feel let down by someone you trusted, but a court isn't likely to give you much for that. Figure out what your case is worth, first. My guess is that once you add in lawyers fees and your time, (both the time you actually spend in court as well as the countless hours you waste ruminating about "your case" instead of watching your kids grow up), and then balance that against your potential return on investment, you will probably find that Owain?s advice is pretty sound. Besides, you're not looking at the plus side here. You almost went into business with someone you can't count on. Unless you really don?t need to count on them and you are really insulated from their actions, you have a set-up for disaster. Far better to find out that you cannot count on the person up front, before you are left having to declare bankruptcy because you suddenly find yourself personally responsible for all the debts of the business. You got saved from being in business with this guy. Chalk it up to experience and see if there is a way that you can improve your ability to identify people you want to work with, so that you are less likely to get sucked into this kind of situation again. Also, if it was a good business idea when your associate was providing the financial backing, it should still be just as good an idea for other sources of financing. And, if it wasn't such a good business idea after all, well maybe now is a really good time to figure that out, as well. |
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