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Oral contracts are verbal agreements that must contain consideration. They are legally binding promises, but can be difficult to prove in court. Exceptions to oral contracts exist under the Fraud Statute and Uniform Commercial Code, which require certain types of contracts to be in writing.
Oral contracts are verbal agreements. An oral contract, like any contract, must contain consideration. In other words, the two parties must exchange promises or exchange something of value.
A contract, in general, is a legal agreement to perform certain actions or behaviors. Contracts are legally binding promises. Failure to meet the terms of a contract is considered a breach, and the court may impose damages for breach or require the parties to abide by the terms of the contract.
In most situations, oral contracts are treated like any other contract. The promises between the two parties are enforceable by a court. However, it can be more difficult to prove to the court what exactly the terms of the contract were when the contract is oral. However, if there is evidence that an oral contract existed, the court will enforce it.
Oral contracts can have written as well as oral components. For example, two parties may enter into an oral contract and then write on paper that the oral contract has been entered into. Since the terms of the contact were only agreed aloud and not in writing, the contact is still considered an oral contract.
While oral contracts are generally applicable, there are some exceptions to that rule. These exceptions were created by the Fraud Statute and the Uniform Code of Commerce. Both the Statute of Frauds and the Uniform Commercial Code are legal doctrines that state that certain types of agreements must be in writing to be valid.
The Statute of Frauds provides that six types of individual contracts must be in writing to be valid. These types of contracts include a marriage contract, a contract that will take more than a year to execute, a land transfer or sale contract, an executor’s contract to pay off the estate debt with his own money, a for a sale of goods that exceeds a certain value and a contract in which one party guarantees the debt of another or acts as guarantor. The acronym MYLEGS is used to help parties remember the types of contracts that must be in writing under the fraud statute.
The Uniform Commercial Code, which is a collection of business laws and rules that nearly all states have adopted in whole or in part, also requires some contracts to be in writing. According to the UCC, contracts for the sale of assets over $500 must be in writing. Oral contracts for the sale of goods in excess of this amount will not be performed.
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