Someone in your situation would certainty have a cause of action, sure.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.
Jurisdiction falls under GA or TX. So say it is TX where the action would take place. This means causes of action for:
BREACH OF CONTRACT
The essential elements of a breach of contract cause of action that must be prover are:
(1) There is a valid contract
(2) The plaintiff performed or tendered performance according to the terms of the contract;
(3) The defendant breached the contract; and
(4) The plaintiff sustained damages as a result of the breach.Valero Marketing & Supply v. Kalama International, 51 S.W.3d 345, 351 (Tex.App.- Houston [1st Dist.] 2001, no pet.).
(1) The claimant furnished either valuable services or materials or both;
(2) The services and/or materials were furnished to the party sought to be charged;
(3) The services and/or materials were accepted by the party sought to be charged,
(4) The services and/or materials were furnished and accepted under such circumstances that the party accepting the services and/or materials was reasonably notified that the plaintiff, in performing, expected to be paid by the party who accepted the services and/or materials.Heldenfels Brothers v. City of Corpus Christi, 832 S.W.2d 39, 41 (Tex.1992).
The issue becomes not whether this can be done (it can), but it it should
be done. By suing, someone in your situation will likely lose a customer forever. And a good one at that.
For Exxon, this sum is nothing. Very likely, this really is simply red tape. Emails tend to be ignored - this is very unofficial. What I find works most times is a certified letter threatening to SUE
, emailed to the proper parties AND their in house legal counsel. THAT will get their attention and likely get this resolve ASAP. May be a better way to handle the matter than simply filing suit immediately.
Using counsel to send the letter likely would carry best results.
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