Consumer Law, Warranties agreement to pay

[estranick]

i bought a motocycle for a friend of mine last year
the agreement was that he would get insurance for it, get his license if he didnt have it, and make the payments until the motorcycle was paid.
the motorcycle is under my name and he crashed it...so when i told him that his insurance would cover he said...he didnt have it insured at the time.
he doesnt want to make the payments to the motorcycle that is under my name because he crashed it and it was his fault.
what can i do? take him to civil court? how will that work out? any suggestions
im really stressed about this.

 

[fredrikklaw]

Quasi-Contract!

Unfortunately, since the bike was purchased and financed in your name, YOU are the one on the hook for the monthly payments until paid off and obviously any lapse or delay in payment will reflect on your credit accordingly.

You will just have to continue making payments on the bike and can then bring suit against your friend for damages incurred. I am presuming that there is nothing in writing between you attesting to your agreement and the terms, which means, you'll have to proceed on a qausi-contractual basis to recoup reliance damages. A quasi-contract's basis is to avoid unjust enrichment and the cause of action would be Promissory Estoppel which allows a party to recover on a promise even though no consideration was given for it in exchange and it prevents, or estops, a person from arguing that his promise should not be upheld.

Your argument would be that you incurred the detrimebt by reliance on your friend's promise to do such and thus.


fredrikklaw