breach of verbal contract

[OT]

i had a verbal contract to provide therapy services for an ohio county school board. all parties were in agreement. the school cancelled the contract with their current therapy provider, and i resigned from my current job. one week later the school superintendant decided to not follow through with the new verbal agreement stating not good p.r. move. no contract was acctually signed, but one was drawn up and ready for signatures with all members in agreement. what are my legal options

 

[I AM ALWAYS LIABLE]

My response:

In your oral agreement, how long were your services to last ?

What was your agreed amount for your services, say, for a year's worth of services ?

What's your State name ?

IAAL

 

[OT]

i had a verbal contract to provide therapy services for an ohio county school board. all parties were in agreement. the school cancelled the contract with their current therapy provider, and i resigned from my current job. one week later the school superintendant decided to not follow through with the new verbal agreement stating not good p.r. move. no contract was acctually signed, but one was drawn up and ready for signatures with all members in agreement. what are my legal options

 

[OT]

response to IAAL

the dollar amount was $54 per hour for services for one year averaging 37 hours per week. also if you read the original I stated "ohio", that would be the name of the state. as far as waiting 4.5 hours for me to respond, I work during the day and do not considerate professional to do personal business during work time. then, i have an 8 month old baby at home that needs my attention.

 

[OT]

My response:

In your oral agreement, how long were your services to last ?

They were to last one year

What was your agreed amount for your services, say, for a year's worth of services ?

$54 per hour approx 37 hours per week

What's your State name ?
Ohio

IAAL

 

[OT]

I apoligize for not repying sooner. I have a full time job, plus a baby at home. I cant spend all night surfing the net. I did reply and answer your questions. But I am now going to bed and will look for your advice in the morning.

 

[I AM ALWAYS LIABLE]

My response:

In your oral agreement, how long were your services to last ?

They were to last one year

What was your agreed amount for your services, say, for a year's worth of services ?

$54 per hour approx 37 hours per week

What's your State name ?
Ohio

My response:

Your oral agreement is unenforceable because of the Ohio Statute of Frauds; i.e., it was not to be performed WITHIN one year; rather, it would have ended on the "anniversary" of one year.

Your written terms of the agreement is also unenforceable because the written agreement was never signed. The only exception would be, even though the agreement was unsigned, if there was "substantial performance" by the parties to the written agreement. Then, in that instance, it could be argued that the party's intent was to follow, and abide by, the written agreement. But, since you hadn't started working, and there was no "substantial performance" of the unsigned contractual agreement, there can be no enforcement.

Statute of Frauds § 1335.05 Certain agreements to be in writing. Text of Statute

"No action shall be brought whereby to charge the defendant, upon a special promise, to answer for the debt, default, or miscarriage of another person; nor to charge an executor or administrator upon a special promise to answer damages out of his own estate; nor to charge a person upon an agreement made upon consideration of marriage, or upon a contract or sale of lands, tenements, or hereditaments, or interest in or concerning them, or upon an agreement that is not to be performed within one year from the making thereof; unless the agreement upon which such action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith or some other person thereunto by him or her lawfully authorized."

HISTORY: RS § 4199; S&C 659; 29 v 218, § 5; GC § 8621; 111 v 104; 114 v 110; Bureau of Code Revision, 10-1-53; 136 v H 682 (Eff 7-28-75); 136 v H 1426. Eff 7-1-76.


THE KEY PHRASE IS :

". . . or upon an agreement that is not to be performed within one year from the making thereof; unless the agreement upon which such action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith or some other person thereunto by him or her lawfully authorized."


Good luck to you,

IAAL





[Edited by I AM ALWAYS LIABLE on 07-13-2001 at 12:16 AM]

 

[OT]

I am clueless about legal issues. What I got from you is that I can not do anything. I just wanted to make sure I was clear about the one year thing. The verbal contract and not yet signed written contract was for services to begin July 17 and end in Dec. Then they would go from Dec to Dec. They had to end in Dec since the fiscal year ended. Does that make a difference. Let me no if it does or does not. Thanks for your reply