Q: Can my friend sue me even if what I owe him, is under my name.
I split a boat club membership with two of my friends, the contract was suppose to last 2 years but was automatically renewed if we didn’t cancel in advance. My friend and I agreed, that the membership would be under my name and his card would be under the payments. After 2 years it was automatically renewed without my consent and now i owe him 4K. I am paying him off but he’s threatening to sue me and add interest. Can he still sue me if the boat membership contract was under my name?
A: Yes, he can sue you. Whether he is successful is another matter. The membership was in your name, but it was renewed without your consent? You had the responsibility of canceling, else it would automatically renew.
Charles M. Baron agrees with this answer
A: IF the club contract is a legally valid contract providing for automatic renewal (which it may or may not be), then you had the responsibility to timely cancel to avoid automatic renewal. Whether you have liability to you friend depends on the terms of agreement with your friend. If you had an agreement with your friend that a court would deem to be a legally binding contract, and you breached the terms of that agreement, your friend could have a potential valid breach of contract claim. If you did not have that type of agreement, but instead had something more informal, your friend might nevertheless have a valid claim against you based on unjust enrichment, which basically claims that it would be unfair and unjust for him to be financially responsible. So, depending on a host of factors, you may or may not be liable to your friend, and you may want to schedule a consultation with an attorney to evaluate the matter. As Mr. Kaufman commented, anyone can file a suit, regardless of their odds of winning. He can file in small claims court, without an attorney, as the maximum amount to sue for in that court is $8,000. You possibly might have a situation where splitting the baby in the middle would be a practical resolution.
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