Legal Question in Business Law in California

written/oral contract

I am independent contractor providing therapy services under contract until today. I gave this client a contract in April stating I would work for them for another year beginning today (immediately following the end of the last contract). They had the contract in their hands for one month, then told me it was approved over the phone and in person, but didn't send the signed copy. I was forced to sign some sort of housing contract to ensure that my residence would be secured. They admit to telling me it was approved, but now are telling me that they don't approve to the contract in it's entirety. Is this contract enforceable based upon their verbal acceptance?


Asked on 6/01/07, 3:51 pm

1 Answer from Attorneys
Gregg Gittler GITTLER & BRADFORD

Re: written/oral contract

Based on the facts set forth in your question, you have two alternate legal theories on which to pursue a claim:

1. Breach of contract. An oral contract to perform services within the year of its making is enforceable. However, the client could argue that since you and the client intended that your agreement be written, that no contract was formed until it was signed by both parties. There are related legal theories (for example, estoppel to deny the formation of the contract) which amount to the same thing.

2. Misrepresentation (including fraud if the misrepresentation was intentional) in telling you the contract was approved when, in fact, it was not. You acted in reasonable reliance on the client's statements, to your detriment. Under this theory, you would at least recover any additional costs you incurred because of the housing agreements you signed.

Read more
Answered on 6/01/07, 4:28 pm


Related Questions & Answers

More Business Law questions and answers in California