In many cases, oral treaties provide a sufficient basis for building strong, long-term relationships. However, problems can arise when a party disputes the agreed contractual terms or even when there is a contract. Only 32% of companies use a contract management tool. This leaves the door open for the majority of companies to enter into occasional and oral contracts. It may not be a big thing for agreements that go smoothly, but are oral treaties binding? One of the best ways to demonstrate the terms of the oral contract is to identify the witnesses of the interviews you have had and obtain a written statement from them. In these cases, it is all the better if the witness is independent. This is important for several reasons. First, the courts want to see efforts to resolve disputes without them. Second, alternative dispute resolution (ADR), such as mediation, is generally much less expensive than litigation. The problem with oral agreements is that it can be very difficult to prove their existence and to prove what the agreed terms are. There are also problems with parties who have different memories of what was agreed, or one part may be false about the terms of the oral agreement. If an oral contract is not necessarily the best choice, especially for business contracts, it is sometimes necessary. However, having an experienced lawyer who can enforce your contract is even more important if they are not available in writing.
The lawyers at Katz Law Group have years of experience analyzing and enforcing your oral contracts. So, before you ask if your oral contract exists in court, ask yourself if you can resolve the dispute in another way. If your oral agreement is unenforceable for any reason, especially if it violates the Fraud Act, it does not necessarily mean that you do not have recourse. While you may not be able to enforce the specific terms of your original agreement, you may be able to file a so-called “fair” appeal in court. If the contract is oral for any of the above points, it is unenforceable. .