Are Oral Contracts Valid?
When two people speak to each other alone, the only record of the conversation are the memories of the speaking parties. This is exactly the problem with oral contracts. The only witness you have is the memory of the other party you make the contract with.
Contracts That Can*t Be OralIn Florida, there are some contracts that have to be in writing due to their importance and the complexities involved. An example of this is a real estate contract. So, if you make a real estate contract and it is not in writing, you will have a hard time getting it enforced by the court.
Establishing The Existence Of An Oral ContractDespite the fact that an oral contract is harder to establish, you can still enforce it if you can prove some essentials. What you have to prove are the basic elements of a contract. That there was an offer, and acceptance, and valuable consideration.
It will be easier to establish the existence of an oral contract if you have witnesses to confirm what you allege. Things become easier if more than two people entered into the agreement. This way, the testimony of the other people can help the court establish the truth.
You can also use other types of evidence like email correspondence between the parties before the oral contract was reached.
Consider Putting It To WritingA lot of business contracts have complex details. Trying to establish the authenticity of each detail based on the testimony of witnesses can be time-consuming and inaccurate. You can simply make all these problems go away when you put your contracts into writing.
Parties are even less likely to breach an agreement when their obligations are clearly spelled out in writing. So, a written agreement saves you the possible costs you might incur in suing to enforce the contract.