Legal Question in Product Liability in Texas

failed to fulfill a deal

If you had an original idea and gave it a company to make it work for you, but they never completed the deal between the inventor and the company. Im just wondering could you sue the company for failing to fulfill the deal. I have the papers they gave me, and they are signed.The person i was working on my idea left the company and now I am trying to call the senior director about whast going to happen to my idea, but he wont answer my calls. Could I sue the company for an amount of money. I really can't explain that much here, but if you can give me an answer I'll be thankfull.Thanks for taking the time to read my question.


Asked on 12/31/02, 3:14 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Re: failed to fulfill a deal

Of course you can sue them. You can sue anybody, anytime.

Your first question is whether or not you can prove the deal. You say you have it in writing signed by the company. If so, that should prove the deal.

The second question is whether the deal includes a promise to do something with your invention. You don't say whether it does or not.

The third question is whether the company did the thing things the contract says they will do. You say they did not, but I would have to see the contract and know what the company did.

The fourth question, if you pass the first three questions, is were you damaged in a substantial provable way by any breach of contract on the part of the company. You do not say what the damages are and whether or not you can prove the damages.

There are additional questions such as where you would have to sue the company, who specifically you sue and could you sue anyone personally, does the company have any money to pay a judgment and will it still have the money by the time any judgment is reached?

You need to consult a contract law attorney, as this is a contractual dispute. A patent attorney may also be required in order to prove that the invention was good enough that something could be done with it.

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Answered on 12/31/02, 3:48 pm


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