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Oral contracts, sometimes referred to as verbal agreements, are agreements where the terms have been agreed upon through spoken communication. Legally, many oral contracts are just as valid and enforceable as written contracts. However, they can be challenging to enforce due to the lack of physical evidence, leading to potential disputes over the contract’s terms or even its existence.
For instance, imagine that Bob, a builder, agrees to renovate Alice’s kitchen for $10,000, and this agreement is made orally. Alice pays a deposit, and Bob completes the work, but then Alice refuses to pay the remainder of the agreed price. Bob can take legal action against Alice for the breach of their oral contract. However, it may become a matter of ‘he said, she said’ in court due to the lack of a written agreement.
However, it’s worth noting that some contracts must be in writing to be enforceable, depending on jurisdiction and subject matter. These often include contracts involving real estate, contracts for goods worth a certain amount (usually $500 or more), or contracts that cannot be performed within one year.
As a best practice, having contracts in writing is highly recommended. Written contracts provide clear evidence of the terms agreed upon by the parties and can help avoid misunderstandings or disputes down the line.
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