• 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.

When does a Verbal Contract with a company end?

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

EndersDrift

Junior Member
What is the name of your state (only U.S. law)? Florida

A new Manager has taken over a business that had a long standing verbal contract with me (over 3 years now). There are witnesses, evidence, and even the new managers own acknowledgement of it. Since the contract was with the business and not the individual are they legally obligated to maintain the verbal contract?
 


justalayman

Senior Member
When does a Verbal Contract with a company end?
when the agreed time for it to end comes or, if there is no set period and it is not such that it cannot be terminated for some period, whenever either party decides it ends.
 

EndersDrift

Junior Member
when the agreed time for it to end comes or, if there is no set period and it is not such that it cannot be terminated for some period, whenever either party decides it ends.
No set date was given. It was basically in the past the business has always provided and told me they would give 60 days for any changes in rates. This is what they've said and done for the last 3 years. The new manager has acknowledged that the previous manager did that but its already well past 60 days, until I need to either purchase again with them or find a new supplier, and still they haven't given me the new rates for budgeting.
 

justalayman

Senior Member
So far you have not presented anything to show there was actually an actual contract. It simply sounds like you have an ongoing business relationship. Unless there is a contract, they are not required to do anything they don't wish to do. If there was a contract, what were the terms of the contract?
 

Ohiogal

Queen Bee
No set date was given. It was basically in the past the business has always provided and told me they would give 60 days for any changes in rates. This is what they've said and done for the last 3 years. The new manager has acknowledged that the previous manager did that but its already well past 60 days, until I need to either purchase again with them or find a new supplier, and still they haven't given me the new rates for budgeting.
That is not enforceable. You don't have an enforceable contract. Get all contracts in writing for businesses.
 

latigo

Senior Member
What is the name of your state (only U.S. law)? Florida

A new Manager has taken over a business that had a long standing verbal contract with me (over 3 years now). There are witnesses, evidence, and even the new managers own acknowledgement of it. Since the contract was with the business and not the individual are they legally obligated to maintain the verbal contract?
You’ve failed to mention a time line in the agreement. So apart from the question of whether or not the agreement is binding upon the successor management, and perhaps the Florida statute of frauds (if applicable) -

Even if it were in writing, in the absence of a provision as to the duration of the agreement, i. e., the period of time within which the parties agreed to be mutually bound, it would die because of lack of certainty.

No contract is enforceable if the parties’ intentions aren't reasonably made clear by the language employed. That intent cannot be determined by conjecture, nor can the court add words to the agreement.

And another bit of disallowed conjecturing might be in your ability to prove damages because of a breach even if the agreement were enforceable. There is the required element of certainty under the law of damages as well as in contract law.
 

Find the Right Lawyer for Your Legal Issue!

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