Can we sue for breach of a verbal contract?
Question Details:
I entered into a contract with a bar owner to promote the bar and to run his Saturday nights. This was witnessed by several people including his staff and friends. After 4 weeks of promoting, hiring entertainers, designing and printing up fliers, hiring a DJ and talking to the owner on several occasions, he decided to close the bar on the day of our first show. He told us that TBAC shut him down, but this wasn't true. We contacted him and he then put a womenon the phone, his supposed coordinator. She informed us that the reason we couldn't do the show is because she didn't OK it. Previously there was no mention of this lady. We have tried to contact him on several occasion and he will not speak to us. We are expecting some type of reimbursement for money spent and lost in this venture.
A verbal contract is enforceable. The problem with one is usually proving exactly what it said or what its terms were, especially if the parties disagree; however, assuming that you can prove the terms of the agreement, it is something that you could sue on. The damages you would sue for would be either (1) the costs you incurred in relying on the existence of the contract; or (2) what you would have been paid had the contract been honored. (You cannot sue for both costs and for the benefit of the contract; it's one or the other.) You should speak with an attorney, who can evaluate the strength of your case (including how easy or hard it will be to prove the contract), what it would cost to pursue it, and what you might be able to recover. In the future, make sure you put all contracts or agreements in writing. Good luck.
