Broke my expensive object, shortly after I told them I'd give them an immense amount of money, while he claimed he'd have enough to pay me back for it once I gave him the money?
Can I sue someone who..
- Thread starter Betrayer0fHope
- Start date
Yes, you can sue but with your vague description of what happened I don't think you would win the suit. More data is needed and even then I do not know if you could win.
Let me get this right. You gave this guy both your expensive object (whatever it is) AND also offered to give an immense amount of money, then he broke your object?
It sounds like he is willing to accept a lesser gift from you in return for breaking the previous gift.
I can't see any grounds to sue him. You give him a gift - it's his to do with what he wants.
It sounds like he is willing to accept a lesser gift from you in return for breaking the previous gift.
I can't see any grounds to sue him. You give him a gift - it's his to do with what he wants.
Wait, I have to call my English teacher, because I don't think this sentence makes sense.
ditto. :shrug:
If you give some one a gift, it is theirs and you have no claim to it. The exception is gift given with the traditional expectation of a quid pro quo like an engagement ring. If the engagement is broken off the giver can expect the ring returned.
Giving money as a loan, if you have reasonable evidence that there was an expectation of being paid back, you can generally expect to sue and get the money back. (Of course winning a civil case doesn't necessarily mean the money is coming back.)
It really helps if you have a written agreement, witnesses, any payments he may have already made, in otherwords evidence to backup your claim. If it is just your word vs. his word it is going to be tough to convince a judge, particularly if your were in a relationship.
Bottom line, gather the facts and witnesses and contact a laywer.
Or suck it up. Learn from your mistake and drive on.
What is the connection between the gift and the loaned money? I think nothing.
Also OP never said it was a gift. Me thinks it was a loaned object, let's say an expensive violin. Or friend broke an object (China, sculpture, vase,etc.) while over at OP's house partying.
OP is an idiot...At least we can tell that much...
Also OP never said it was a gift. Me thinks it was a loaned object, let's say an expensive violin. Or friend broke an object (China, sculpture, vase,etc.) while over at OP's house partying.
OP is an idiot...At least we can tell that much...
Usually mere promises to give someone money (or property, or whatever) aren't legally enforceable. They aren't contracts. If I simply give you a signed and dated piece of paper promising to give you $20 tomorrow and then the next day decide I don't feel like giving you the $20, that's too bad for you. So, if I'm understanding the OP correctly, you could simply refuse to give him the money you promised and also sue him for the value of the item you broke.
Edit: Other people in this thread seem to be under the impression that he already gave the other person the money, but my reading of the OP is that he promised to give some money, then the other party broke something before the money was given.
Edit: Other people in this thread seem to be under the impression that he already gave the other person the money, but my reading of the OP is that he promised to give some money, then the other party broke something before the money was given.
na: Usually mere promises to give someone money (or property, or whatever) aren't legally enforceable.
This is a gray area. It really depends on a number of factors and the judge's temperament. Verbal contracts can be binding, if hard to enforce if the other side won't come clean. It helps if there are unbiased, or biased for the other side, witnesses to back you up. If there is indirect evidence that can help. If the basis of the loan (like you were friends, lovers, etc.) has changed, that can negate the claim.
It is hard from the original setup to tell if the money was already given or not. If not, it sounds like oyu are no longer friends and until the relationship is mended you probably would be prudent not to give them any loans. If the money is given, it may be hard to get back. Sometimes its best just to chalk one up to experience and move on.
This is a gray area. It really depends on a number of factors and the judge's temperament. Verbal contracts can be binding, if hard to enforce if the other side won't come clean. It helps if there are unbiased, or biased for the other side, witnesses to back you up. If there is indirect evidence that can help. If the basis of the loan (like you were friends, lovers, etc.) has changed, that can negate the claim.
It is hard from the original setup to tell if the money was already given or not. If not, it sounds like oyu are no longer friends and until the relationship is mended you probably would be prudent not to give them any loans. If the money is given, it may be hard to get back. Sometimes its best just to chalk one up to experience and move on.
My point was that simply promising to give someone a gift without the promise of anything in return doesn't constitute a contract. If I tell you I'll pay you $20 if you paint my fence tomorrow and you agree, that's a verbal contract and (assuming I'm willing to admit to it in court) could probably be enforced. But if I simply tell you that I'll give you $20 tomorrow and I'm not promised anything in return, it's not a contract and I can change my mind.
Answer to opening thread:
If you find a judge to believe you. I don't like beliefs. I like contracts.
Wouldn't this disrupt daytime court drama?
If you find a judge to believe you. I don't like beliefs. I like contracts.
Wouldn't this disrupt daytime court drama?
Again it really depends on the circumstances and the judge's temperment. Small claims court is not a place set in concrete.
If there were witnesses that the promise was made and I acted in good faith on the basis of that promise and suffered loses because it was broken, a judge could hold you to it.
This happens over and over in broken off engagements and roommate entaglements.
Bottom line, if you are worried get things written down and signed. Even an informal agreement is better than just he said, she said; and it makes it easier to avoid disagreements on what was agreed later.
Common sense...Don't make promises you won't keep, trust things too good to be true or give gifts you'll cry over to lose.
I never gave him anything. He just figured he could pay it off because he had all that money.
Time to break this sentence down. Can I sue someone who broke my expensive object? Yes. But wait, this was shortly after I told them I'd give them an immense amount of money. He broke my object, while he claimed he would have enough money to pay me back for it once I gave him the money. Honestly, it's not that confusing. My=mine. Not my=gift I gave to someone.
Hypothetical case.
Not in English...
The object and the promise of money have nothing to do with each other...
I gathered that from the postings regarding free money not being a legal contract. Thanks you assholes.
phoenix2634
Registered Senior Member
To clarify:
1. You told someone you'd give them money.
2. Then this person broke your expensive object.
3. Then this person said he'd be able to pay you back for breaking the object after you gave him the money?
1. You told someone you'd give them money.
2. Then this person broke your expensive object.
3. Then this person said he'd be able to pay you back for breaking the object after you gave him the money?