Do I have a right to money I paid to a friend for something I didn’t receive?
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Do I have a right to money I paid to a friend for something I didn’t receive?
Several months ago a former friend and I decided to attend a concert together. She purchased the tickets and a hotel room and I paid her which I have documented for them. In between deciding to go and the actual concert, we had a falling out. I asked her to sell my ticket or pay me back as the tickets were in her possession, but instead she took someone else to the
concert with my ticket, and stayed in the hotel room that I paid for. The total amount comes to about $300. Is this something I could get back in a small claims court?
Asked on June 25, 2016 under Business Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, you could sue her in small claims, with a (based on what you write) good chance of winning for--
1) Breach of contract: violating the (presumably) oral (or unwritten) agreement between the two of you, whereby you would pay her for a ticket and hotel room.
2) Unjust enrichment: the law considers it wrong for someone to take money not intended as a gift (or loan or other debt/obligation repayment) without providing something for it; the person taking the money without providing anything in return is "unjustly enriched."
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