Monday, July 26, 2010

Oral contracts enforced just like written ones

In Pittsburgh, PA, a contract does not have to be in writing for it to be effective. The key determination is whether the intention to contract between the parties was clear and understood by both sides.

But, the oral agreement must be proven by the party asserting it. You have to prove that the verbal contract was clear and precise. In fact, to establish an oral contract in Pennsylvania, you have to establish:

1. that both parties demonstrated an intent to be bound by the terms of the agreement;
2. That the terms of the oral agreement were sufficiently definite to be specifically enforced; and
3. That both sides received consideration (i.e. you can't enforce a promise to gift- there has to be a give and take- read more about this concept here).

If you believe you entered into an agreement with someone but didn't write down the terms, remember- the determination of the existence of the contract is considered in light of the surrounding circumstances as to whether it was logical for a contract to have been made, including its terms. Share this post :
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