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LEGAL ADVICE FOR FLORIDA CIVIL LAW CASES

ACARGUY · Newbie

If two people have an agreement (not written contract) and money is lost that one of the two put up ,can the other be sued in court ? and if so is it considered to be criminal ,or civil action that must be taken.?

Date: Nov 1, 2013

hi maj name is peter gabor

greenshield · Senior Member

Hello ACARGUY,

As you probably know contracts do not have to be written. However, you would have to prove that a contract existed.

If money was lost was it the fault of one of the contract parties? Was there a guaranty of performance whether implied or explicity? Can you prove that?

Was the money lost due to negligence? Was the money lost due to incompetence? Was there a responable expectation of competence? Was the money lost by accident? Was there gross negligence? Was there fraud or misrepresentation?

For example let us assume that the other party used your money to place a bet and the money was lost. Have you been injured? Did you know he was going to place that bet?

Now let us suppose that the other party told you that he was going to use your money to start a business. The business fails and your money was lost? Is that person liable?

I can not give advice. But if you participated in a business transaction and lost your money I do not see how you could expect the other person to owe you that money unless he had agreed to be responsible for it in the first place. Of course if there was criminal intent then it would be a crime. If there was negligence then it would be a tort.

Tell us more details

Date: Nov 5, 2013

i have a case, i steal a ring but when the owner told me that they saw me at video cam , i did return the ring, what will be my case and the penalty i will recieve, this is the fisrt time

greenshield · Senior Member

Stealing is against the law whether you are caught or not. The fact that you gave the ring back does not absolve you from responsibility. However, it does make a better case in court. The judge must decide your fate. Let us pray that you will not go to jail and that you will only get a warning. Let us know.