Oral contract

A contract not recorded on paper or on computer, but made vocally which is usually enforceable.

Oral Contract

A contract concluded by mutual agreement between the parties but is not written. In general, an oral contract is equally valid as a written one, though some contracts, such as those dealing with transfers of real estate, must be written. However, oral contracts can be more difficult to enforce in a court of law if there are no witnesses or other evidence attesting to the existence of the oral contract.

oral contract

A verbal agreement that is enforceable unless it falls within the Statute of Frauds. The problem with most oral contracts is not one of technical enforceability; it is one of proof. Unless both parties to a dispute have a clear recollection of the exact terms of the contract, and they are both truthful, a jury will have to decide whether a contract exists and the terms of that contract.

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References in periodicals archive

This exercise gives students a chance to do a fairly straightforward application of section 2-207(2), which tells us how to handle additional terms that appear in a single confirmation of an already-concluded oral contract. Because the Hills are not merchants, the additional terms would remain mere "proposals" (17) and would not become part of the contract unless the Hills specifically and affirmatively agreed to them, which obviously did not happen here.

My favorite case to teach: a literal "Gateway" for students to learn contract formation, contract terms, and legal realism

An oral contract negotiation is similar to an ordinary conversation--the participants (both of whom occupy the roles of speaker and audience) are both present.

Communicative content and legal content

An oral contract is subject to the basic requirements of contract law such as offer, acceptance, consideration, and sufficient specification of essential terms.

Proposed standard jury instructions--contract and business cases

(12) After briefing in 2008, the District Court granted Daros' motion for summary judgment, finding the oral contract to be invalid.

International contract law - choice-of-law analysis applies when signatory nations adopt opposing oral contract provisions under the CISG - Forestal Guarani S.A. v. Daros Int'l., Inc

The McGinnises moved to dismiss, arguing that the oral contract alleged in Count II violated the Home Repair and Remodeling Act and was therefore unenforceable.

Supreme Court: contractors can enforce oral home-repair contracts: the high court looks to a recent revision in the Home Repair and Remodeling Act in holding that a contractor can enforce an oral contract against a homeowner

The sticking point here is that the CISG does contain a limited provision allowing oral contracts. It permits signatory states, however, to opt out of this provision--and some others.

International choice of law

Certainly, parties contemplating a large deal ought to have some basic knowledge of the law, as there may be some circumstances in which an oral contract is simply unenforceable.

Legal nuggets

Young recommended establishing a written or oral contract with the patient and the other clinician at the beginning of therapy.

Working with psychotherapists now important in physician

(25) The Board found that even if the Navy contracting officer did attempt to orally settle the contract claim by agreeing that the total amount of liquidated damages was $68,394 (vice $98,394), such an agreement would constitute an oral contract modification.

Contract changes

A handwritten contract is preferred to an oral contract, but a standard printed contract is preferred to a handwritten one.

Minimizing liability: part 3 of a 3-part series