Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

When someone breaches a contract what happens with the

When someone breaches a...

When someone breaches a contract what happens with the contract by law?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Kansas

Lawyer's Assistant: Has anything been filed or reported?

No

Show More
Show Less
Ask Your Own Legal Question
Answered in 7 minutes by:
12/13/2017
Bill Attorney
Category: Legal
Satisfied Customers: 2,806
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your legal question today. I'm attorney Bill offering assistance and support to your legal question.

A person who breaches a contract can be sued in the Kansas District court.

Sometimes a contract can specify an amount of damages known as liquidated damaged to be paid for the breach by either party or else the aggrieved party needs to file a civil action for specific performance of the agreement or for damages, actual and punitive in cases of willful breach in certain instances.

For cases where the amount claimed is less than $4,000 you have also the possibility of availing of the small claims procedure which is a simplified procedure to retain restitution.

If you have a copy of the contract and would like this reviewed as an extra service please let me know.

I'm an independent legal expert and rely on your positive feedback today to get a credit.

You do this by rating 5*****, 4**** or better.

SO I hope you rate FIVE STARS before your exit today.

Thank You

Attorney Bill

Bill Attorney
Category: Legal
Satisfied Customers: 2,806
Experience: Attorney
Verified
Bill Attorney and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 8 months ago
What if part of the contract was verbal and you signed like an agreement? I guess I'm asking how well does a verbal contract stand up in court?

Verbal contracts are enforceable so long as they comply with the statute of frauds and aren't subsequently amended by a written agreement.

For example :

"4-2-201.Formal requirements; statute of frauds. (1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing."

In addition contracts for the sale of real property, leases longer than 1 year, loan agreements and estate documents need to be in writing.

So It comes down to your specific contract type.

Best

Attorney Bill

Ask Your Own Legal Question
Customer reply replied 8 months ago
I am currently installing doors for Home Depot as a subcontractor through another company serving as a general contractor. We have a verbal agreement that they are to pay me 90% of what Home Depot pays them for doors I install. Basically they are telling me they are being paid an amount that I know is not correct. What it comes down to is I'm getting 60-70% instead of the 90% that was agreed on. If I can prove this can i get the money that's owed to me?

This is difficult when the agreement is not in writing as per the above the statute of frauds statute for sale of goods that exceed $500.

Nonetheless the statute of frauds is a defense to a suit and you can still bring the suit for the claim for the difference 60-90%.

You should be able to post a lien against the owner of the property if the contractor is failing to pay you; you need to service of intention to place a material mans / mechanics lien on the property.

Best

Attorney Bill

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Bill Attorney Your Own Question
Bill Attorney
Bill Attorney
Bill Attorney, Lawyer
Category: Legal
Satisfied Customers: 2,806
2,806 Satisfied Customers
Experience: Attorney

Bill Attorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I live in a housing development that had filed the cc&r with
I live in a housing development that had filed the cc&r with the county. I'm in Kansas. It states that after 80 percent of lots are sold it provides for an establishment of an hoa. 80 percent of the l… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,086 satisfied customers
Can my commercial landlord use other states laws against me
Can my commercial landlord use other states laws against me as a tenant … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
On Thursday, February 11, 1954, at the age of four, and
On Thursday, February 11, 1954, at the age of four, and without my permission or knowledge, I was injected with a radioactive isotope. The injection was administered by a doctor. This happened at a la… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,350 satisfied customers
I have to replace the trustees of my family trust but have
I have to replace the trustees of my family trust but have no money and can't find an attorney to work on contingency, the trustees have committed a number of disturbing torts against me and I know th… read more
Maverick
Maverick
Doctoral Degree
6,327 satisfied customers
Topeka, Kansas. In Dec. 2014, I contacted The security
Topeka, Kansas. In Dec. 2014, I contacted The security company monitoring our house to find out why nothing happened when our alarm went off. I was told over the phone our equipment was old and needed… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
The question I am looking at is similar to my issue. Bought
The question I am looking at is similar to my issue. Bought a dog from a breeder paid 3500 for what they said was an Alaskan Klee Kai. It looked just like what one would look like. I got the DNA test … read more
socrateaser
socrateaser
1,031 satisfied customers
I have a 1989 judgment for $20,000 against a party. Attempts
I have a 1989 judgment for $20,000 against a party. Attempts to collect resulted in nothing. In 2013 the party was desperately needing a job and I offered him one if he would agree to a $20,000 settle… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
My daughter rents a town home at college with 2 other 21 year
My daughter rents a town home at college with 2 other 21 year old girls. One of the other girls died/killed herself in the rental home. The lease goes through August. Is there a legal out as neither o… read more
SmithEsq
SmithEsq
Attorney
Doctoral Degree
112 satisfied customers
i payed a guy to remodel my trailer house. i gave him 5000.00
i payed a guy to remodel my trailer house. i gave him 5000.00 and he didnt show me reistes and didnt finish the job… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
last year our company paid for advertisement in one of the
last year our company paid for advertisement in one of the yellow page books . We looked over the proof they sent us and signed our approval to it. We paid for the entire ad up front but to our dismay… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
I entered into a contract and as part of the agreement I received
I entered into a contract and as part of the agreement I received a postdated check for $1,700 to a bank in Kansas. I waited till the agreement stated that I should wait to cash the check and tried to… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,965 satisfied customers
I am looking for an attorney to give me some info and possible
I am looking for an attorney to give me some info and possible course of action for a failed business agreement with my father over his family business. He made me an offer to sell my house and move t… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
Is it legal for a vehicle registered in Kansas to be repoed
Is it legal for a vehicle registered in Kansas to be repoed with it only being one month behind without getting a repoed letter from lien holder?… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,658 satisfied customers
I am a subcontractor running a business for someone else. The
I am a subcontractor running a business for someone else. The owner of the company that I subcontractor for is now not paying me that money owed to me and is about $55K in the hole to me now. I have a… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
On April 2nd company asked for my resignation because they
On April 2nd company asked for my resignation because they accused me of making copies of a policy and procedures manual and leaving the building. Did not make the copies. On April 3rd company said th… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
I purchased a 18 foot flatbed trailer from a person in Missouri
I purchased a 18 foot flatbed trailer from a person in Missouri and i live in Kansas. The seller signed a bill of sale and agreeded to mail me the trailer title. It's been two weeks and I have not rec… read more
Ali Kirk
Ali Kirk
Juris Doctor
170 satisfied customers
My situation is, I have an old debt. I lived in Kansas in
My situation is, I have an old debt. I lived in Kansas in 1999 when the contract with this company was signed. I lived in Kansas, the company was in Kansas, the contract was signed in Kansas. Through … read more
Lawgirl
Lawgirl
Founder
Doctoral Degree
4,606 satisfied customers
Can a judgement from California for breach of contract ...
Can a judgement from California for purchase of a home that a Kansas man was found to be in breach of contract be filed in a Kansas county for collection? The judgement will be under $20,000. and will… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x