Daniel DeKoter Attorney- Are Oral Contracts Legally Binding and How Can You Prove Them?
When it comes to the Law of Contracts in the USA, you will find that an oral contract is legally binding like a written contract. However, the major hindrance that people face when it comes to framing an oral contract is proving its existence. It is obvious that in a legal contract there is writing and in the case of an oral contract there is no writing to support its terms and conditions. Now, the question is in case you have entered into an oral contract, how would you prove that it exists?
Daniel DeKoter Attorney- the onus of proving an oral contract
When it comes to an oral contract, you will find that it is hard to prove but not impossible for you to prove its existence. There are some instances that make it simple for you to prove the existence of the contract. Daniel DeKoter is a reputed and esteemed civil litigation and business attorney in the USA and he says that oral contracts can be proved by witnesses in a competent court of law. He and his team of legal experts help clients understand the legal implications of an oral contract. The Daniel DeKoter Attorney team of professionals have helped many people in the USA prove the existence of an oral contract in the following ways-
- Testimony of witnesses that are present- If A and B enter into a contract and C and D were present at that time, the existence of the oral contract can be proved with the testimony of these witnesses.
- Course of conduct- If A sells a TV to B and accepts money from B them the existence of an oral contract has been proved. In case the TV is defective or B has changed his mind not to buy it, no one can deny that a contract existed between the two. A common example of the course of conduct can be the contract that you have with your newspaper boy. He delivers the newspaper to you everyday and at the end of the week you pay him. This is an example of an oral contract.
- Credibility- This is another factor that helps in proving the existence of an oral contract. The credibility of the parties is taken into account when it comes to the offer and acceptance part of a valid contract. For instance, if a patron walks into a restaurant and orders a plate of pasta, law regards it as an offer made by the patron to pay for the plate of pasta. Here there is an offer and the acceptance of that offer. This constitutes an oral contract that is binding.
The Daniel DeKoter Attorney team of professionals state that when it comes to the issue of an oral contract you will find that it is hard to prove in different scenarios. However, if you are a business owner, it is crucial for you to ensure that you enter into written contracts so that it is simple for you to prove in a competent court of law and much faster too!