If I am questioning a witness and say "Regarding the contract you have described for us. Do you have it?" and they say no. Can I ask judge to decide in my favor on the spot or would I wait and go through full court process?
Some contracts must be in writing others not; some contracts that must be in writing may have been lost but that does not mean that they are no enforceable; So, you assumptions here are not justified without more.
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