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Fraud done by startup no agreement done only emial available
19-Apr-2023 (In Corporate Law)
I worked with a startup founder on a technology startup for a year. We agreed equity issuance (%) in emails (digital record) where the founder asked his operations and legal team to transfer equity to me. But he kept delaying the transfer. He apologized for the delay (again in an written email). Meanwhile, I kept helping build the research and technology platform. Now the founder is not responding to my emails and completely back-tracked. Do I have any legal case using the emails or does it have to be a contractual binding document signed by both parties?
hello,
your mails are sufficient proofs of the promises made and not fulfilled. it can be used to produce in the court at the time of evidence. you can held the said company liable for civil as well as criminal wrongs.
your mails are sufficient proofs of the promises made and not fulfilled. it can be used to produce in the court at the time of evidence. you can held the said company liable for civil as well as criminal wrongs.
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It might your series of mail communication and your undersigned agreement need to be refer and as you worked and asking for legally recoverable amount so you can file case to recover your legally recoverable amount ty
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Adv. Aher Yogesh Mohan
Pune | 100+ Answers
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Email, Whatsapp, Text messages are admissible as per Evidence Act. You can initiate a criminal complaint for cheating and breach of fiduciary relationship. Circumstantial evidence will play a major role. We will have to see to work on other aspects as well to see if other course of action can also be taken.
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Adv. Ranit Basu
Mumbai | 25+ Answers
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The law permits even oral agreement so emails are far better than oral agreements. The challenge is going to be his refusal to such emails saying that it is not been issued by him and you will have to prove that the benefit is gained by him pursuant to his emails and your support or action by you and all the conducts of receiving the benefit have to be proved point by point and convince that email was an agreement. Once it is proved that terms of agreement is present in the email then all your rights to claim for damages will be established for breach of the same. Issue of legal notice is first step towards your claim to damages suffered by you because of false promise. If the person has gained money or benefit then you can even invoke remedy under criminal law like cheating and so on...
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Adv. Rajesh Singh
Mumbai | 25+ Answers
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