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.

References in periodicals archive ?
More concretely, drafting a constitution is different than entering into an oral contract, and writing a judicial opinion is different still.
These constraints differentiate the circumstances of constitutional communication from an ordinary conversation (and from an oral contract negotiation).
02/28/2013) where the Appellate Division of the New York Supreme Court refused Wysong's attempt to collect on an oral contract.
The complaint alleged the execution of an oral contract, the obligation thereby assumed, and a breach.
When the existence of a contract is clear, the jury may properly determine the exact terms of an oral contract.
12) After briefing in 2008, the District Court granted Daros' motion for summary judgment, finding the oral contract to be invalid.
22) For instance, Article 11 governing formation of a contract under the CISG does not require contracts to be in writing, and Article 29 allows parties to prove modifications to an oral contract.
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.
Oral contracts appear to perform somewhat better than written contracts.
They should not reflexively invalidate a mechanic's lien or oral contract in its entirety, but should consider reducing the lien or contract as necessary to achieve a just result.
On the other hand, parties who do undertake written contracts are likely to be even keener to get everything down on paper in order to minimise the risk of allowing adjudications to arise on oral contracts where the adjudicator will decide upon the terms of the contract.
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).