oral contract

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Related to Oral contracts: Undue influence, parol evidence rule, quasi 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.

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These types include, but are not limited to, constitutions, statutes, regulations, judicial opinions, judicial orders, oral contracts negotiated by the parties, written contracts negotiated by lawyers, and wills.

Communicative content and legal content

The agent who enters into an oral contract will find himself facing someone like old Sam Goldwyn telling him that there is no chance of enforcing the oral agreement.

Sam Goldwyn was right: N.Y. case upholds the concept of insurance being binding only in writing

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

(8) Daros paid Forestal $1,458,212.35 for finger-joints which, according to Forestal, were valued at $1,857,766.06.9 Forestal filed a breach of contract claim in the Superior Court of New Jersey in April 2002 for the remaining balance due because it believed the oral contract specified the greater amount.

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

A home remodeling contractor who has entered into an oral contract for home remodeling, in violation of section 15 of the Home Repair and Remodeling Act (815 LLCS 513/1 et seq), may not only seek recovery under a theory of in quantum meruit but also enforce the oral contract, the Illinois Supreme Court has held.

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

IN DISPUTE OVER ORAL CONTRACT BETWEEN ARGENTINE AND U.S.

International choice of law

Yet, these factors do not explain why some parties continue to use oral contracts for very large deals--those involving hundreds of thousands, if not millions of dollars.

Legal nuggets

Lower ranking firms, particularly county-level firms, choose oral contracts more often, in part because they maintain close relationships with local farms and have confidence in each other.

Contract farming in China: perspectives of farm households and agribusiness firms

2001) (holding that an FSA in a written contract also applied to related oral contracts); see also Chateau des Charmes Wines Ltd.

A matter of good form: the (downsized) Hague Judgments Convention and conditions of formal validity for the enforcement of forum selection agreements

Even if the terms of oral contracts in these areas could be proven, the courts won't enforce them.

Chapter 2 Basic construction law

Under the CISG, oral contracts of sale, that is, agreements made on the phone or in a meeting, are enforceable.

Selected Legal Aspects of International Sales Transactions: The United Nations Convention on Contracts for the International Sale of Goods

Second, writing requirements have been circumvented to enforce oral contracts, but only to the extent consistent with serving the goals of the writing requirement.

Implied-in-fact contracts under the Federal Acquisition Regulation: why PacOrd got it wrong