July 18, 2012

Question of the week . .

A Bride visits with a wedding cake baker approximately fourteen months prior to her wedding. The Bride's wedding date is a very popular date . . 07-07-07. No deposit is given and no agreement was signed between the two parties. The Bride tells the wedding cake baker, "I'll be back later with a picture of the cake I want you to create for me."

Approximately three weeks before one of the busiest wedding dates in the century arrives (07-07-07), the Bride walks into the wedding cake shop with her sample picture. The wedding cake baker says, "I'm already overbooked. I cannot make another wedding cake at this late date, especially, a big one. You told me you over a year ago that you were going to bring me a picture and go over the details, and you didn't."

So, did this Bride and the wedding cake baker have a contract?

Answer:   No, they did not.

Even though two parties may discuss a business transaction in advance of an event, if money is not exchanged and/or a written agreement has not been not signed between the two parties within twelve months of the event date, legally they do NOT have a contract. Verbal agreements made over one year in advance of the event are not binding.