Can a Verbal Agreement Be Legally Enforced in New York?

Question from Ceecee, Can a Verbal Agreement Be Legally Enforced in New York?

Answer from AI:

In general, verbal agreements can be legally binding. However, their enforceability can be complex and often depends on the specific circumstances of the case. In the scenario described, the friend may have a potential claim based on the verbal promise made by the individual. This is often referred to as a “promissory estoppel” claim.

What is Promissory Estoppel?

Promissory estoppel is a legal principle that can make a promise enforceable, even if it was not part of a formal contract. It is often applied when one party relies on the promise of another party to their detriment. In New York, the elements of promissory estoppel are:

1. A clear and unambiguous promise;
2. A reasonable and foreseeable reliance by the party to whom the promise is made; and
3. An injury sustained by the party asserting the estoppel due to his reliance.

In this case, the friend may argue that the individual made a clear promise to help with bills, that the friend reasonably relied on this promise, and that the friend suffered harm (potential eviction and car repossession) as a result of this reliance.

What Evidence is Needed?

Evidence is crucial in these types of cases. The friend’s text messages and voice recordings could potentially serve as evidence of the promise. However, the strength of this evidence would likely be evaluated by a court.

Should the Friend Consult a Lawyer?

Yes, the friend should consult a lawyer. While this information provides a general understanding of promissory estoppel, it does not constitute legal advice. The friend’s situation involves specific facts and potential legal complexities that should be reviewed by a legal professional. A lawyer can provide personalized advice, evaluate the strength of the friend’s case, and guide them through the legal process.

Where Can the Friend Find Legal Help?

The friend can seek legal assistance from various sources. The New York State Bar Association offers a Lawyer Referral Service that can help find a lawyer. Additionally, there are numerous legal aid organizations in New York that provide free or low-cost legal services to those who qualify.

In conclusion, while it’s possible that the friend could have a valid claim based on the verbal promise, the specifics of the case and the evidence available will significantly impact the outcome. Therefore, it’s crucial to consult with a legal professional.