Contracts and ‘Proposals’

Get Legal Help Today

 Secured with SHA-256 Encryption

Contracts and ‘Proposals’

I am a freelancer and was offered a contract in the form of a

Asked on October 9, 2016 under Employment Labor Law

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Because the dates were explicitly "subject to change," you were on notice that this was not a reliable situation--you did not know when, or therefore, if, you'd get the work (e.g. not only could the the dates be "changed" almost indefinitely, but if/when dates were finalized, it could have been for a period of time you ended up with a scheduling conflict for either personal or professional reasons). Therefore, this was not a firm or enforceable contract, because it did not have agreement between the parties as to a critical or material piece of information--when the work would be done--and without agreement as to all necessary material information, no enforceable contract is formed. Furthermore, in light of how unsettled the date was, it was unreasonable for you to rely on this proposal (which means you can't use an equitable or "quasi-contractual" theory, like "promissory estoppel," to enforce it, either). This was, based on what you write, an enforceable proposal only, and you cannot sue them for compensation.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption