As a professional, I would write the following article on “Is Oral Contract Enforceable”
An oral contract is an agreement reached between two or more parties through spoken communication. Unlike a written contract, an oral contract is not put down in writing and signed by the parties involved. Oral contracts can be made in various situations, such as business transactions, employment, and even personal relationships such as marriage.
The question on whether oral contracts are enforceable has been a matter of great debate for a long time. The answer to this question is not straightforward since it depends on the jurisdiction, the nature of the agreement, and the circumstances surrounding the formation of the contract.
In general, oral contracts are enforceable, but the issue of proof becomes a significant challenge. Since there is no written document to show the terms of the agreement, it becomes challenging to prove what the parties agreed to.
However, there are situations where oral contracts are enforceable. For instance, in some states, contracts for the sale of real estate are not enforceable unless they are put in writing. Similarly, contracts for the sale of goods worth more than a certain amount are required to be in writing.
In many situations, the existence of the oral contract can be proven through circumstantial evidence such as witnesses or the actions of the parties involved. For example, a party to an oral contract might have acted in a manner consistent with the terms of the agreement.
There are, however, situations where an oral contract is not enforceable. For instance, an agreement that requires a party to perform an illegal or unethical act is not enforceable. Additionally, an oral contract that violates a statute of frauds, which requires certain types of contracts to be in writing, may not be enforceable.
In conclusion, oral contracts are enforceable, but the challenge lies in proving their existence and terms. To avoid disputes, it is always advisable to put agreements in writing, especially in critical situations such as business transactions. If you are facing a situation where you need to enforce an oral contract, it is essential to seek the advice of a legal expert to help you navigate the legal process.