• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Oral Contract for future service, client gave consideration, client trying to breach

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

motifator

Junior Member
I am from Texas and have a wife that is a photographer. She engaged in an oral contract with a bride that refused to sign a contract, but paid the full amount of a little over $500. My wife tried to get her sign several times but she refused. They were setting aside a date to discuss package options after the photos were taken. The Wedding is not until september, but client insisted on paying in full anyway. All of a sudden, she is trying to get a full refund stating that she "needs" the money. My wife has not breached any of her contract and in fact has tried to make other options available. Wife blocked that whole day to shoot wedding. Since wife is pregnant, she may be unable to book any further weddings and has in fact had to turn down some good offer for later in the year.

I fully believe that since my wife works with the bride (not at the photography business), the bride sees her as an easy target to try to play on that relationship to get money back.

From what I have read, an oral agreement will hold up, consideration was given by both parties (bride paid and wife promised and has not rebooked the date, as well as, tried to work with her on other options), and the contract is trying to be cancelled unilaterally by the Bride just because she says she needs money, which is not even a valid reason that would have been in the paper contract.

It would almost be like buying Gas and then trying to siphon it back out to sell back to the station.

I have advised my wife not to succumb to pressure and not to promise anything at this time. The bride is upset, but if she is having a wedding, how come she is just hassling one vendor?

I have a business degree and sort of understand the Contract law and such, but need real advice before pursuing any action. Bride is disrupting actual work and putting undo stress on wife in the wrong venue and threatening to sue and demanding money.

Thank you for your input and advice.
 


Zigner

Senior Member, Non-Attorney
I would suggest that your wife refund the money. There was no "meeting of the minds" (required for a contract) as evidenced by the bride's unwillingness to sign what was sent.

In the future, wife should wait until the contract is SIGNED before relying on it.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top