How Do You Prove an Oral Agreement In Court?

Any discussion of oral contracts and enforcing them, needs to start with the clarification that yes, oral contracts are in fact legal and enforceable, contrary to popular opinion or public belief.

There are a few exceptions, called the Statute of Frauds, where contracts must be in writing, but other than those specific kinds of agreements, almost any other contract can be enforced, even if it isn’t in writing.

Proving the Terms

The problem with oral contracts comes in proving them; with no written agreement, parties in a contract dispute often must try to prove to the court what the terms of an oral contract actually were. And because the enforceability of a contract can often depend on the meaning of single words or phrases, the “he said she said” argument over what was or was not agreed to can be the difference between winning or losing a contract dispute in court.

External Writings

So when there is a dispute as to the terms of an oral agreement, how do you prove what was, and what was not said and agreed to?

Even in an oral contract, there are often writings related to the formation of the oral contract. Emails, text messages, or any type of back and forth between the parties before the agreement was made, all can be used and looked at by the court.

These writings, on their own, may be insufficient to constitute any type of agreement on their own. But together, they can provide insight into the motives and intentions of the parties, which can in turn clarify what the terms of an oral contract may have been.

The Actions of the Parties

It is only common sense that we tend to act in ways that indicate what we may expect from a party. Any action that a party takes before, or during, the performance of a contract, can show what the parties may have agreed to in the oral agreement.

For example, if there is a dispute over whether you were supposed to paint my house green, and it turns out that three days before painting, you purchased green paint, and you left it at my house, and I said nothing, it may be a sign that the understanding between the parties was to use the color green.

Testimony of Others

To prove oral agreements, we often have to ask third parties about what the contract contained or what was agreed to.

People tend to tell others what they agreed to, or what their expectation in a contract may have been. Larger business contracts may involve multiple people, all of whom may have overheard the parties negotiating the agreement, or perhaps, they may have been included in the negotiations themselves.

Common Sense

Common sense also plays a role. Courts will interpret contracts in ways that make sense. When parties ask courts to assume the parties agreed to terms that simply wouldn’t make logical sense, courts will take a dubious eye to these kinds of arguments.

Oral agreements can be enforced, and we can help you do that. Call our Fort Lauderdale business litigation lawyers at Sweeney Law P.A. at 954-440-3993 for help.

Source:

investopedia.com/terms/o/oral-contract.asp