9/1/2023 0 Comments Either 3 a favor for a friend![]() However, I would not expect that to hold as a agreement to license the artistic work either. I would not expect that to hold as a agreement over which the friend can demand a payment. If a person agrees to design a logo for you, and no fee was negotiated, such as would the case of favor. ![]() My specialization requires knowledge of legal aspects of handling information. I'm a engineer, information security specialist. This default rule usually applies even if the intellectual property was created with the intent that it be used by someone else. Sometimes the person who comes up with an idea is the default owner of the intellectual property rights associated with that idea, unless there is a written agreement to the contrary. I do not address the issue raised by a comment of designing a logo which raises legal issues specific to who owns intellectual property. But, it also makes disproving a claim prior to trial, when what happened is disputed, difficult. This might make proof of a claim like this on the merits hard to win on at trial. Of course, all of this would be based when litigated on oral discussions and context limited by people's memories. Concluding Observation: Questions Of Proof. But, the transfer for no contemporaneous consideration might be considered safe from a fraudulent transfer attack after one year rather than the usual four year statute of limitations on fraudulent transfers. Similarly, in a fraudulent transfer case, it is possible that a payment to a spouse for extreme labors in the past of this kind would have a status similar to a payment for a pre-existing and not substantially contemporaneous debt. While the spouse couldn't sue for compensation or having a legally enforceable right to compensation, the extent of the help provided would be one factor among many that could be considered in determining an equitable division of property (in states that are not community property states) and an appropriate and equitable amount of alimony in states that do not have a fixed formula for determining this amount.ĭe minimis assistance would "come with the territory" and be part of a spouse's general right to an equitable division of property under a partnership theory of marriage.īut, more extreme labors not compensated in money during the marriage, such as personally building a barn on a farm, or working full time in a spouse's business for a prolonged time period without express money compensation, might have a value assigned to it that is considered in balancing each side's share in an equitable division, if one spouse is reaping the benefit of the other spouse's unpaid labor by receiving, for example, a working farm or business. This general analysis also applies to a spouse, but not quite so strictly. In this example, however, there is not a clear expectation of payment that an objective outside observer would have been able to discern at that time the services were provided, so by default, the help provided was gratuitous, and not enforceable legally. In these circumstances, the service provider is entitled to payment of the fair value of the services provided despite the lack of an express agreement regarding the amount. One classic case of unjust enrichment is when someone paints your house by accident, when they are actually under contract to paint your next door neighbor's house, and you know that they made the mistake but allow them to go forward expecting to be paid anyway.Īnother classic case is one where services must be provided by a doctor or repairman or lawyer on an emergency basis and everyone knows that they were hired with an intent that you pay them, but the price could not be agreed upon because it was urgent to do the work immediately before working out the details of a contract to provide services. But, in contexts applicable here (also called "quantum meruit") there must be an expectation of payment communicated in a way clear to an objective observer of the situation to recover, as opposed to a gratuitous provision of service. One can still recover for service or benefit rendered under a claim of "unjust enrichment" in the absence of a contract. ![]() The question assumes that there is not true express contract, or even really a contract to pay compensation in some amount or by reference to some schedule of rates, that was implied in fact. ![]() In the case of a relative or friend or neighbor or someone like that, doing a favor for a business does not create a legally enforceable right against a business or business owner. Generally speaking, applying common law principles, no.
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