Business Contracts Oral Contract Enforceability on Oral declarations heard by more than one party

[contractproblem]

I am involved with a company that has breached an oral contract that was heard by 3 persons. I was involved in a deal where I was the person who put the two entities in touch with each other, prior to this we agreed on the phone that I was to receive 10% commission on all orders initiated with my contact. As time went on they stopped going through me although I specifically stated via email that they aren't allowed to email without me being involved per our oral contract. We were waiting on getting it in writing but there was a bit of urgency to get the deal done. Is it potentially enforceable? I am willing to pull records, give sworn testimony and hire the best polygraph examiners that money can buy.


Also, my goal is to expedite an out of court settlement. Is it legal to tell the company's attorney that I fully plan on propagating the public records of the suit I will be filing all over the Internet and that they should consider that when they contact me on Tuesday to discuss these dealings?

 

[mightymoose]

What kind of loss do you have? Is it enough to male all the legal hassle worth it?
I would hold off on the threats.... that wont likely compel them to cooperate with you. You would more likely find yourself even more shut out.

 

[contractproblem]

Yes potentially over 1 million dollars per month. It happenned Friday so I haven't gotten counsel yet. Going to start looking come 9am tomorrow.

 

[contractproblem]

The deal started as being a 5 figure per month deal, but when it ballooned to millions, I was eliminated from the equation. I have a whole slew of emails that show and indicate that this was a long term relationship and not just a finders fee.

 

[army judge]

If the other two parties DISPUTE your version of events (and I'm sure they will), how will you prove a contract ever existed?

Remember, contracts are mutually beneficial.

That said, you can always consult a local attorney.


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[contractproblem]

I have written emails showing that my commission wasn't meant to be for an initial order. As well as a contract from them that said I would get commission on all orders initiated by me through my contacts. As well as emails stating that the one party is to be ccing us on all communications per our oral agreement. Their response was "thanks for letting us know", which was when we started feeling that they were going around us.

Additionally, I'm sure that if phone records and email are pulled it should show that they were doing things they shouldn't have been doing. Lastly, I am willing to hire the best polygraph examiners in the world for this. It's over 1 million dollars in commission per month based on the size of the orders we were discussing. Why would we be discussing orderS, plural, if I was only making commission on the first order. In the very least it would prove that this is above and beyond a finder's fee. There would be multiple people on our end that heard, during phone conferences, the oral declarations of the contract. You will receive X% commission on all orders, your contacts are yours and we don't want to be in contact with them anyways. Initial was never a part of anything until they saw the order get really substantial...

 

[army judge]

And how do you propose getting the other parties to take those polygraphs?
It doesn't matter, because you can't.
But, even if you did, polygraphs are not admissible as evidence in court proceedings.
An accumulation of emails, aren't contracts.
At best, they might be used to show some evidence of an unrealized intent.
But, intent isn't an element of a contract tat needs to be proven.
Whatever you wish to call this, it's nothing more than discussions or conversations.
But,hey,hire an attorney in your county and have a go at it. It's your time and money, not mine.


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[disagreeable]

I think the devil is in the details. Your contract is for " commission on all orders initiated by me through my contacts". Is there any restrictive provision prohibiting them from circumventing you? If not, what they are doing is apparently legal.

 

[contractproblem]

Disagreeable, in our meeting of the minds, conferences it was established via oral contract that if my relationship is terminated then they are restricted from doing business with my contacts and my contacts is restricted from doing business with them. Apparently my case holds enough merit. A sizable law firm picked up the case on contingency. I have about an inch high stack of printed correspondence showing my capacity as being far greater than just an introductory to the other party....

 

[contractproblem]

Army Judge, polygraph testing is admissable in court as evidence, if accepted as a means of gathering information by the trial judge. Polygraph testing is both regularly accepted and regularly rejected but acceptance of polygraph testing is on the rise, not the fall...and in business proceedings such as these we can have a court order to take the test but they CAN refuse that test.... I met with my attorneys taking the case yesterday...

 

[army judge]

Army Judge, polygraph testing is admissable in court as evidence, if accepted as a means of gathering information by the trial judge. Polygraph testing is both regularly accepted and regularly rejected but acceptance of polygraph testing is on the rise, not the fall...and in business proceedings such as these we can have a court order to take the test but they CAN refuse that test.... I met with my attorneys taking the case yesterday...

Why would THEIR attorney advise them to take a polygraph?

I know about the admissibility of polygraph test.

Good luck.