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Oral Contracts - Assignment Example

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Oral contracts are also either partially in writing as well as partially dependent, usually on words that are spoken or totally dependent on words that are…
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Logistics: Oral contracts Oral contracts usually are contracts whose terms have been established by a word of mouth or rather spokencommunication. Oral contracts are also either partially in writing as well as partially dependent, usually on words that are spoken or totally dependent on words that are spoken. Oral contracts are just as valid as written agreements; however the key issue with these types of contracts is proving of their existence or the agreed terms. Oral contracts frequently are provable by activity that is carried out by a single or both parties, mostly depending on the continuation of the given contract. An important difference between written and oral contracts is in the time taken to sue for breaching of an oral contract is at times shorter. For instance in California, limitation is 2 years in regard to oral in comparison to 4 for written. Washington and Connecticut, 3 for oral and 6 for written. Georgia has 4 for oral and 20 for written (Clarkson, et al, 2006).
Oral contracts are enforceable, inspite of popular belief. So long as there is sufficient evidence, any given court will enforce an agreement made orally. However there exists a single exception to this statute; if the subject matter falls within the law of frauds, which is an English law that was adopted in the US, which entails specific contracts to be in written form. This law is designed so as to avert fraudulent conduct especially when the given contract has got stakes that are high or durations that are long. Most states in the US usually call for written contracts in these circumstances; sale of real estates, leases for real estate lasting for more than a year, property transfer upon the death of the owner, agreements to settle another person’s debt and contracts for particular amount of cash (Jentz & Miller, 2008).
Generally, a court will deem an oral contract not enforceable, when it falls within any of the above categories. Some sort of writing therefore, must exist and signed by all parties. Exceptions to this rule; claims even if a given oral contract is within its stipulations, it still will be enforced where; one of the parties partly complied with its stipulations or rather the plaintiff depended on the promise of the defendant and in the process suffered some injury as a result. Once again it is the burden of plaintiff to provide such evidence. It should be noted that contract law evidently does not support oral contracts. This is because oral contracts are hard to prove, and frequently form the foundation of deception. People are therefore encouraged to make their agreements of whatever nature in writing (Goldman & Sigmund, 2013).
Implied contacts are on the other hand contracts that are agreed by conduct that is non-verbal, rather than use of explicit words. This therefore means that even though the parties may not have exchanged any agreement words, their dealings may depict that there is existence of an agreement anyway (Brian, 2007).For instance, a patient attending a doctor’s appointment, her actions depict that she aims to get treated in exchange for compensating reasonable doctor’s fees. Similarly, by treating the patient, the actions of the doctor portray his intention to attend to the patient in exchange for her payment of his bill. This clearly then indicates that there is existence of contract between the patient and the doctor, even though, there was no words spoken of agreement. These two parties therefore can be said to have agreed to similar important terms and accordingly acted with such an agreement as that. Thus there was mutual consideration and in such a case as that, the court most probably will rule that the two individuals had an implied contract. This means that if the patient does not pay after examination, she will have violated this implied contract (Brian, 2007).
Normally, a contract that is implied has got similar legal impact just like an express contract. It may however be quite hard proving terms as well as existence of an implied contract in case a dispute arises. In some authorities, real estate contracts may not be formed on the basis of implied -in-fact. Frequently, unilateral contracts are the focus of these kinds of contracts.
References
Brian, B. (2007). Contracts:Examples and Explanations. New York,NY: Aspen Publishers.
Clarkson, K., Miller, R.,& Jentz,G. (2006). Wests Business Law. New York,NY: Thomson South Western Company.
Goldman, A., & Sigmund, W. (2013).Cengage Advantage Books:Business Law:Principles and Practices . New York,NY: Cengage Learning.
Jentz ,G., & Miller, R. (2008). Cengage Advantage Books:Business Law Today:The Essentials. New York,NY: Thomson Advantage Books. Read More
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