Asked in Business Law and Contracts for California

Q: Can I win in court if I don’t have a written contract with the buyer

My small company is engaged in online advertising

My company provided online advertising services to the buyer from November 2023 to February 2024

For November 2023 the client paid for the services

For December - February partially

I don't have a written contract

My company is engaged in online advertising

Can I win in court if I don’t have a written contract with the buyer, only invoices

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4 Lawyer Answers
Shawn R. Jackson
Shawn R. Jackson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Rohnert Park, CA
  • Licensed in California

A: Well, it sounds like you have some "writings" and "communications" that would support some, most or all of your "services provided" as per your invoices. Verbal Agreements are in "most cases" just as enforceable as written agreements ... it is more a matter of evidentiary production than a formal signed written agreement. I would suggest that you schedule a free initial video call with the attorney of your choice ... and discuss how to best move forward with the matter ...

Robert Kane
Robert Kane
  • Eagan, MN
  • Licensed in California

A: You could win in court even if you don’t have a written contract with the buyer. Since you already had a relationship established it benefit you. On the other hand, advertising is a incredibly broad term.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Under California law, even if you don't have a written contract, you may still be able to prevail in court based on the legal concepts of implied contracts and quantum meruit.

1. Implied Contract: An implied contract is created through the conduct of the parties, even if there is no written agreement. If you can demonstrate that you provided services, and the buyer accepted and benefited from those services, it can be argued that an implied contract existed between you and the buyer.

2. Quantum Meruit: This legal doctrine allows a party to recover the reasonable value of services provided, even in the absence of a written contract. If you can prove that you provided services to the buyer and they benefited from those services, you may be entitled to compensation based on the fair market value of the services rendered.

To strengthen your case, you should gather evidence such as:

- Invoices demonstrating the services provided and the amounts owed

- Email communications or other correspondence showing the buyer's acknowledgment or acceptance of the services

- Any proof of partial payments made by the buyer

- Testimony from employees or other witnesses who can confirm the services were provided

However, it's important to note that the absence of a written contract may make your case more challenging, as the terms of the agreement may be more difficult to prove. The strength of your case will depend on the specific facts and the evidence you can present.

It is always best to consult with a qualified attorney who specializes in contract law and can evaluate the details of your case. They can provide guidance on the best course of action and represent you in court if necessary.

Delaram Keshvarian
Delaram Keshvarian
  • Orange, CA
  • Licensed in California

A: If you have any records of your communication about the order, that would suffice. There is a prior history of deals between you and this company. You can prove that there was an oral contract by prior deals without a written contract.

There are some contacts that must be written, but part performance is an exception to that rule. Here, there is part performance because you delivered the service, advertisement.

If you don't succeed to establish existence of a contact, then you have to go through restitution and unjust enrichment.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

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