Legal Question in Consumer Law in New Jersey

hobby

As a hobby I screen print shirts. A friend asked me to do a last min job for her. I agreed cause I was off of work for 4 days and charged only for the materials and shipping ($250 for 30 shirts). I told her to send photo she wanted on shirts. The day she had to send payment she adv she was short and could only send $200 and would send the rest in wk. I agreed. I purchased materials out of pocket so not to do last minute running around whilw awaiting payment. All the while she was e-mailing me everyday confirming her order and making changes to the sshirt. I received payment and cashed check to replenish money that I spent and started shirts. I sent her e-mail and adv shirts were started and I was going to be working hard because post ofc won't be open next day. Next day she called and cancelled cause she realized it was a holiday and she wouldn't get it by the agreed date and to refund money. I said I'll send what's left after I calculate my cost. She then spent the cash in her bank and caused an overdfraft of $350 to her account. Now wants to sue cause I haven't sent shirts started yet (only been few days since last e-mail because I have gone back to work and waiting for off days) who's right? She lives in NJ I live in MD.


Asked on 7/12/08, 8:47 pm

1 Answer from Attorneys

Re: hobby

A contract is an offer and an acceptance. She asked for work, you made an offer, she accepted and promised payment - you had a contract. Did you promise to deliver the shirts by a certain date? If so, that may be a material term of your contract. There were modifications to that contract by e-mail. You then purchased material. Legally, your proceeding with the contract, and making the material purchase is called "detrimental reliance" - you relied upon her promise to pay, so she can not now revoke the contract. You can sue her for the unpaid $50 if you were ready willing and able to complete and present her the shirts timely. If there was no required time for delivery then the delivery date is not a material term. She can not sue you, unless you promised delivery on or before a date certain, and you did not perform. If you didn't finish performing because she told you she was cancelling the contract, you are OK if you were able and willing to perform timely, then she has no cause of action against you. IF you promised the shirts by a certain date, but she made changes which delayed your performance, that would also be a defense to your not delivering the shirts by a certain date.

Read more
Answered on 7/14/08, 9:41 am


Related Questions & Answers

More Consumer Law questions and answers in New Jersey