Texas Statutes: Verbal Agreements

Asked almost 3 years ago - Denver, CO

I am tying to find the exact reference code in the State Satututes that deal with this. Just eed the refrence thats all. Is it in Business law. Code?

thank you

TEXAS LAW....NOT Colorado laws.

Attorney answers (1)

  1. Pamela Koslyn

    Contributor Level 20

    Answered . TX, like every other state, has "common law" authority that governs oral contracts, and nboatloads of court-made law dealing with the enforceability of most oral contracts and contracts "implied in law" by the parties' conduct. A contract may be either written or oral, unless the contract is required to be written by law, for example, a sale of real estate. An oral agreement is just as binding and effectual as an agreement in writing.

    In TX, the elements that are generally required to create an enforceable contract:

    (1) An offer;
    (2) Acceptance in strict compliance with terms of the offer;
    (3) A meeting of the minds with respect to both the subject matter of the agreement and all of its essential terms;
    (4) A communication that each party has consented to the terms of the agreement;
    (5) For a written contract, execution and delivery of the contract with an intent that it become mutual and binding on both parties; and
    (6) Consideration.

    Angelou v. African Overseas Union, 33 S.W.3d 269, 278 (Tex.App.-Houston [14th Dist.] 2000, no pet.).

    To constitute a valid contract, the minds of the parties must have a "meeting of the minds" regarding the subject matter of the agreement, and as to all of its essential terms; and all of them must agree to the same thing in the same sense at the same time. Solis v. Evins, 951 S.W.2d 44, 49 (Tex.App.--Corpus Christi 1997, no writ). Their consent or agreement must comprehend the whole proposition, and the agreement must comprise all the terms which they intend to introduce into it. Id. There is no contract where material terms are left for future adjustment, or are not agreed upon. Id.

    PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me... more

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