How binding is a Gentleman's agreement?

OWT_FOR_NOWT

I purchased 2 concert tickets for a former colleague with my credit card as they paid me upfront for them. However we have had a major fall out due to their very poor work ethic and leaving my family business in the lurch, which is why they are no longer an employee.

In an attempt to be equally as vindictive as they were I am happy to give them their money back and keep the tickets for myself, however they are now threatening to seek legal advice. They may well have a witness to this Gentleman’s agreement but do I have any LEGAL obligation to honour it?

Cheers in advance!

zppp

OWT_FOR_NOWT wrote: »

I purchased 2 concert tickets for a former colleague with my credit card as they paid me upfront for them. However we have had a major fall out due to their very poor work ethic and leaving my family business in the lurch, which is why they are no longer an employee.

In an attempt to be equally as vindictive as they were I am happy to give them their money back and keep the tickets for myself, however they are now threatening to seek legal advice. They may well have a witness to this Gentleman’s agreement but do I have any LEGAL obligation to honour it?

Cheers in advance!

A verbal agreement is as effective as a written one. Normally verbal agreeements are difficult to enforce on the basis that they are not normally recorded and or have a witness. By what you have said, firstly the contract is enforceable, and a witness would add weight to this if it went to small claims court.

keithdc

The court is only likely to require you to pay back the money.
Its very difficult to get a court to award specific performance.

When is the event that the tickets are for? Pragmatically, it may not reach court until after the event.

Personally, if you want the tickets, I would post a cheque for the amount (having photocopied it first) and send it recorded delivery.

martinthebandit

I suspect the answer depends on if you are a gentleman or not.

To be honest life is too short to spend any of it being petty

mountainofdebt

Two words - Grow Up.

zara*elise

I think being able to hold your head high and prove you're the better man in this is worth more than a petty argument about tickets.

Freddie_Snowbits

The same rules I apply when I organise a group night out. Not paid up in full prior to the event, YOU DO NOT GO.

As the ex employee has paid, pull his fast oine and give him the tickets. Although you may not, at this time like him, it will be hard for them not to accept your kindness!

ceridwen

..and their written proof IS?????

Just hand them their money back and forget it....

If they havent actually lost any money (ie because you have refunded them the cost of the tickets) - then why on earth would any (small claims) court bother themselves about it?

They're just being gratuitously nasty - and if they havent actually lost any money - then I very much doubt they would try to take it to a Small Claims Court and, if they did, the Court would be likely to say "What on earth are you complaining about? You havent lost any money - so we are simply not interested in any 'personal matters' that went on between you and your former firm"

They are trying it on and their aim is to worry you - but I very much doubt whether they could actually hurt you in any way - so just hand over the money owed and forget them (but DO keep the proof you have given that money back - eg Recorded Delivery letter and make it a cheque refund).

dmg24

ceridwen wrote: »

..and their written proof IS?????

Just hand them their money back and forget it....

If they havent actually lost any money (ie because you have refunded them the cost of the tickets) - then why on earth would any (small claims) court bother themselves about it?

They're just being gratuitously nasty - and if they havent actually lost any money - then I very much doubt they would try to take it to a Small Claims Court and, if they did, the Court would be likely to say "What on earth are you complaining about? You havent lost any money - so we are simply not interested in any 'personal matters' that went on between you and your former firm"

They are trying it on and their aim is to worry you - but I very much doubt whether they could actually hurt you in any way - so just hand over the money owed and forget them (but DO keep the proof you have given that money back - eg Recorded Delivery letter and make it a cheque refund).

Read the rest of the thread, the other answers are from people that actually know what they are talking about.

gordikin

ceridwen wrote: »

..and their written proof IS?????

Just hand them their money back and forget it....

If they havent actually lost any money (ie because you have refunded them the cost of the tickets) - then why on earth would any (small claims) court bother themselves about it?

They're just being gratuitously nasty - and if they havent actually lost any money - then I very much doubt they would try to take it to a Small Claims Court and, if they did, the Court would be likely to say "What on earth are you complaining about? You havent lost any money - so we are simply not interested in any 'personal matters' that went on between you and your former firm"

They are trying it on and their aim is to worry you - but I very much doubt whether they could actually hurt you in any way - so just hand over the money owed and forget them (but DO keep the proof you have given that money back - eg Recorded Delivery letter and make it a cheque refund).

...or give them the tix as per your agreement....unless you believe your word is worth zilch. Ignore Ceridwen..I would!

George_Michael

and their written proof IS?????

If you had read all of the thread, you would have seen that it was a verbal agreement, which if it can be proven, can be as legally binding as a written agreement.

then why on earth would any (small claims) court bother themselves about it?
..
the Court would be likely to say "What on earth are you complaining about? You havent lost any money

The court would bother about it because it would be a privately funded action, and despite what the court officials think, they would still be required to look at the evidence.
As to the lack of loss of money. This doesn't have to be a problem if the OPs workmate sues for "loss of bargain" and claims for the amount they paid for the tickets, and the price it would now cost them to get tickets from another source.

There was a verified case recently where one ebay buyer took the seller to court because the seller refunded them and refused to complete the transaction.
Despite the buyer not being out of pocket, they still won the case.