oral contract


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Related to oral contract: written contract

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.

References in periodicals archive ?
The communicative content of a contract drafted by lawyers with meticulous attention to the impact of language choice on prior court decisions might be determined by legal terms of art, where some of the same words in an oral contract between a consumer and a sole proprietor of a small business might be determined by conventional semantic meanings in ordinary speech.
The complaint alleged the execution of an oral contract, the obligation thereby assumed, and a breach.
12) After briefing in 2008, the District Court granted Daros' motion for summary judgment, finding the oral contract to be invalid.
The closer the conduct of the negotiations to that which is customary, the better the position of the claimant trying to enforce the oral contract.
102(3), Florida Statutes , breach of written contract, breach of oral contract, and wrongful termination.
They applied a rule first stated by movie mogul Sam Goldwyn, who is reported to have said that "your oral contract ain't worth the paper it's printed on.
Moody sued Zindzi for breach of oral contract, promise without the intent to perform and negligent misrepresentation, News24 reports.
In addition, the HRRA is not intended to overturn settled Mechanic's Lien Act law allowing a contractor to assert a mechanic's lien based on an oral contract.
After all, if a party still has the right to adjudicate on an oral contract, surely they are less likely to draw up a written contract?
3d DCA 1998) (summary judgment against plaintiff was appropriate in action against deceased party based on oral contract where writings and independent witness established some, but not all, of the material terms); (11) Fabian v.