Another aspect is “express contracts,” which are concluded orally on contracts, and “implicit contracts” derived from the behaviour of the parties. Section 1619 of the Civil Code says that perhaps the most critical element that decides whether an agreement is an enforceable contract is whether there is a quid pro quo or not. Reflection means that each party must exchange something valuable. Without consideration, the exchange is a gift between the parties and not a contract. A verbal agreement is a contract, even if it is not available in writing. Provided the contract is valid, it is a binding agreement between two parties. While some oral contracts are considered enforceable, they are problematic and complicated. Other written documents may also be useful. In many cases, while the original contract has not been reduced to writing, subsequent invoices, emails, letters or even text messages can provide proof of oral agreement. Your Massachusetts contract attorney can analyze the information in your case to determine the best way to prove the existence of the oral contract. The parties must be able to enter into the contract, i.e. they are above the majority and are in good health.
In our example, the nephew and aunt are both over the age of 18, are not under the influence of consciousness-changing substances and do not have cognitive impairments such as dementia. If an oral contract is not necessarily the best choice, especially for business contracts, it is sometimes necessary. But having an experienced lawyer who can enforce your contract is even more important if it`s not written down. Katz Law Group`s lawyers have years of experience analyzing and applying your oral contracts. There are certain contracts and agreements that must be entered into in writing, which include the sale of real estate, leases, copyright transfer and consumer credit contracts. In some cases, oral agreements are not confirmed in court, not because there is no written agreement, but because the terms of the oral agreement have not been clarified. Not understanding the fundamental principles of contract law can have protracted consequences, which is why it is so important to know that written contracts tend to offer far more guarantees than oral agreements. In addition, the complexity of contract law makes professional guidance necessary before a reasonable contractual relationship is concluded. Where a party is part of it for not having a written contract, an oral contract may be applied even though this is normally required in writing. If you have an oral contract to be enforced in Massachusetts, the Katz Law Group can help you fight to ensure that the terms of your agreement are respected and that you receive the compensation to which you are entitled.
Contact us today for a consultation. Our lawyers represent companies in Worcester, Marlborough, Framingham and beyond. For a contract to be valid, it must have all the essential elements of an enforceable agreement.