An oral contract law case is often based on one or both parties clearly invoking the agreement. Oral contracts are most appropriate as a simple agreement, with easily understandable terms and proof of the existence of the agreement. This contribution describes the elements of an enforceable contract and then examines why a written contract is better than an oral agreement. A written contract sets out the terms of the agreement, which drastically limits a party`s ability to claim anything else a posteriori. Contract law recognizes the superiority of written agreements over oral agreements through a provision known as the Four Corners Doctrine. The rule is that in the event of a dispute between the written contract and the alleged oral terms of the parties, the words written in the four corners of the page of the written document govern the agreement. Otherwise, the courts would be filled with parties who would attempt to negotiate contracts retroactively outside of the written document they originally signed. All contracts, whether oral, written or tacit, have certain elements that can be considered valid. Finally, written contracts are much easier to assert in court. A court can find the legality of a written contract much more easily than an oral agreement, which drastically limits the burden and costs required to establish that a valid contract existed between the parties.
Instead, an aggrieved party may focus on the facts about how the other party failed to comply with the end of the agreement instead of arguing about which party fulfilled its part of the agreement and which did not. 4. Before entering into a contract, always seek legal advice if you do not understand the terms of the contract. Is an oral contract legal? Simply put, yes. From a legal point of view, oral contracts can often be as valid as written contracts. You can be extremely difficult to regulate, but you should take comfort in knowing that there are state and federal laws in place that can help enforce such treaties and protect your legal rights. Although, of course, writing your contract is the safest way to protect both parties. In a valid contract, one party makes an offer and the other party agrees. This is usually referred to as a “meeting of minds,” with both parties agreeing to these terms.
In our example, the aunt offers to borrow money from her nephew, provided he returns it within a reasonable time. The nephew accepts their offer and promises to reimburse it in full after the purchase of his new tire. Most oral contracts are legally binding. There are, however, some exceptions, depending on the construction of the contract and the object of the contract. . . .