What can be done about a breach of contract if certain conditions were not stated?
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What can be done about a breach of contract if certain conditions were not stated?
I rented office from a large corporation for a 2 month term. After I signed my contract the sales manager sent me an email (unsolicited) stating that if I referred anyone to her, she would give me a $500 gift card. She was fully aware that any colleagues I would refer to her would also only sign a short-term lease (I am a medical school student and am using the office for a study space to prepare for board exams). Since that time I have referred 2 colleagues, 1 of whom has signed another short-term lease. Yesterday I inquired about the timeframe for receiving the gift card and was advised that I was not eligible since my colleague had only signed a short-term lease. Is the original email legally binding and what should my next step be?
Asked on June 4, 2015 under Business Law, Nevada
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, the original email would be enforceable, since it constituted a contract: an agreement that in exchange for referrals, you would receive a $500 gift card; since you fulfilled your obligation by making such a referal, she is obligated to provide the gift card. If the email did not qualify the length of lease needed to get a gift card, the length of lease is irrelevant--if she failed to specify an important term, that is her problem, not yours. However, while legally it would seem that the agreement is enforceable, to get the gift card if she will not voluntarily provide it, you would have to sue her in court, which has its own costs, in terms of both money and time; it may not be worthwhile trying to enforce the agreement.
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