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 ?
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.
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.
In the appellate court's view, where one party to the CISG is able to enforce otherwise valid oral contracts while the opposing party is not, a U.
To paraphrase Emerson, it is one thing to have our selfish human nature "tugging" at the clauses of a written contract, and quite another to have that happen with only the fuzzy recollections of an oral contract.
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.
In the case of an oral contract, the individual wishing to enforce the contract must be able to prove, in some way, the terms that have been agreed upon and that there, in fact, has been an agreement.
He ruled Farrell's case had stated "sufficient claims" to go to trial over breach of oral contract, invasion of privacy, violation of publicity and unfair competition and business practices.
In most cases (the sale of land or goods are important exceptions), a verbal agreement is every bit as legal and enforceable as a written agreement (an oral contract is just harder to prove).