Jottings By An Employer's Lawyer

Wednesday, August 04, 2004

Statute of Frauds in Employment Agreements - When Is It Applicable?


There are many different variations, but according to the San Antonio Court of Appeals,
Where the time of performance of a contract is uncertain and performance can conceivably occur within one year, the statute of frauds does not apply.
Tabrizi v. Daz-Rez Corp. (Tx. App. - San Antonio) (8/4/04). While that allowed the former manager of El Maracumbe, a Tex-mex eatery on Austin Highway in San Antonio, to collect almost $40,000 on his breach of contract claim, it is still less than a totally happy day, as his even larger claim for lost profits is unsuccessful.

The Court reminds that proof of lost profits does not have to be exact, nor it is even necessary to submit underlying documents, but "[a]t a minimum, opinions of lost-profit estimates must be based on objective facts, figures, or data from which the lost-profits amount may be ascertained." And with that, the almost $200,000 jury award - a lot of Number 2, cheese enchilada dinners - is down the drain.


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