Register
Log In
Forget your Password?

Home
Directory
Bulletins
Forums
Blogs
Articles
Links
Classifieds
About Us
Contact Us
Advertise
FAQ
Privacy Policy


Discussion
<< get older messagesget newer messages >>
to post a message: login - or - register | search messages | show all replies



[+] HELP PLEASE! Fee problem - J Nisonger/CA (2 replies)
8/10/2005 5:07:11 PM (2471 views)

Policy Manual - Wendi See/SC
8/10/2005 1:05:21 PM (2060 views)

[+] looking to expand - Gladys Brown/NC (6 replies)
8/10/2005 10:16:39 AM (2409 views)

[+] Thoughts?? - Michaela Urban/OH (7 replies)
8/10/2005 12:51:57 AM (2516 views)

[-] Invoices shorted - Sandra Morton/KS (24 replies)
8/9/2005 11:54:32 AM (2626 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 12:23:50 PM (3655 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 12:43:04 PM (3719 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 1:07:16 PM (3389 views)
Re: Invoices shorted - Steve Schneider/IN
8/9/2005 8:29:03 PM (3723 views)
Re: Invoices shorted - Julie Jasiunas/WI
8/9/2005 12:39:41 PM (3686 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 12:46:12 PM (3628 views)
Re: Invoices shorted - Julie Jasiunas/WI
8/9/2005 6:52:15 PM (3467 views)
Re: Invoices shorted - Robert Franco/OH
8/9/2005 1:48:13 PM (3416 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 2:27:30 PM (3376 views)
Re: Invoices shorted - Matthew DeLand/NY
8/9/2005 2:33:43 PM (3407 views)
Re: Invoices shorted - Robert Franco/OH
8/9/2005 3:04:09 PM (3729 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 3:23:48 PM (3738 views)
Re: Invoices shorted - Matthew DeLand/NY
8/9/2005 4:29:09 PM (3509 views)
Re: Invoices shorted - Scott Perry/PA
8/9/2005 6:20:35 PM (3478 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 7:22:33 PM (3487 views)

Actually oral agreements are very enforceable. The problem is proving the intent of the parties when there is a breach. When there is no written contract to determine the intent of the parties to the transaction, the court has to look to the conduct of the parties to determine their intent. The difficulty arises in the evidence presented to enforce the claim (i.e. the credibility of the witnesses, the written correspondence making demand for payment, the possible admissions of fact contained in the defendant's rebuttal of the demand, or his acquiescence in the claim by failing to respond to the demand, etc.)

There are also implied contracts which are very enforceable in which not a single word is spoken between the parties. These are contracts implied in fact and contracts implied in law. The most common example of a contract implied in fact is the purchase of groceries. When you bring your shopping cart to the checkout counter, your conduct in placing each item on the counter is an implied offer to buy the items even though there is no verbal or written offer. The check out clerk's conduct ringing up each item is an implied acceptance of the offer. Your conduct in paying for the items is both the consideration for the contract and your performance of your contractual obligations. The clerk's conduct in bagging the groceries and releasing them to you is his consideration for the contract and his performance of his obligations.

There is also an equitable remedy called a contract implied in law (also known as quasi contract, quantum meruit and unjust enrichment). It is not a true contract, but rather an equitable enforcement of an obligation by the court to the extent necessary to avoid injustice. If the defendant has accepted goods or services from you under circumstances in which he knew or should have known that you expected to be paid, you would be entitled to the recovery of the reasonable value of your goods or services. The problem is in proving their reasonable value. This is a remedy commonly used by landscapers when they plant shrubs on the wrong property. I had a case several years ago in which an oil company delivered oil to the wrong address.

There is also something called promissory estopple. If someone makes a promise to you, and you make a major change in your position to your detriment, the court will  enforce the promise made to you to the extent necessary to avoid injustice.

While I agree with Scott that it is always best to have your agreement in writing, the law is a living and ever evolving entity. It has many safety valves built into it to provide alternate theories of recovery and protection.

When I litigate a contract claim based on express written or oral contract, I always back it up with with an alternate claim for a contract implied in law. If the facts warrant, I will also include alternate claims for contract implied in fact and promissory estopple.

to post a reply: login - or - register


Re: Invoices shorted - Scott Perry/PA
8/9/2005 7:47:07 PM (3850 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 8:44:54 PM (3537 views)
Jireh Business Info Solutions Factoid: - Scott Perry/PA
8/9/2005 9:10:15 PM (3569 views)
Re: Jireh Business Info Solutions Factoid: - Robert Franco/OH
8/9/2005 9:46:45 PM (3721 views)
Re: Jireh Business Info Solutions Factoid: - Scott Perry/PA
8/9/2005 9:59:09 PM (3654 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 8:34:35 PM (3545 views)
Re: Invoices shorted - Glenda Hodge/TN
8/10/2005 1:53:44 AM (3577 views)
Re: Invoices shorted - Douglas Gallant/OH
8/10/2005 5:11:59 PM (3357 views)
Re: Invoices shorted - Lisa Ramsey/TX
8/12/2005 7:16:20 AM (3295 views)




Muchas Gracias, Roberto! - Scott Perry/PA
8/8/2005 9:57:19 PM (2109 views)

BANNED FROM SOT - VIVIAN SLYKER/OH
8/8/2005 4:01:14 PM (2261 views)

[+] HELOCS - Gladys Brown/NC (4 replies)
8/8/2005 3:43:56 PM (2425 views)

[+] trouble with Title Search USA? - Susan Raynard/MA (3 replies)
8/8/2005 12:50:11 AM (2585 views)

Request for Info - Samson Ugorji/MD
8/6/2005 11:44:46 PM (2138 views)

[+] Request for Info - Scott Perry/PA (6 replies)
8/5/2005 7:20:17 PM (2613 views)

Crown Title & Escrow - Samson Ugorji/MD
8/4/2005 4:01:52 PM (2029 views)

[+] PA Title Insurance Certification Study Materials - Jason Sheppard/PA (1 reply)
8/4/2005 3:08:51 PM (2648 views)

[+] LAPTOP - Donna Grady/NC (3 replies)
8/4/2005 9:09:10 AM (2486 views)

Banned from SOT - Jay Duncan/MO
8/3/2005 5:33:38 PM (2306 views)


<< get older messagesget newer messages >>

DISCLAIMER: These Message Forums are un-moderated and Source of Title does not endorse the content of any of the posts. Source of Title discourages libelous comments and you, as the sole creator of the content, take full responsibility for your remarks.
Directory

The Source of Title Business directory has 8961 listed companies.

Leave feedback on a company:
SOT ID #:  learn more...
DRN Title Search
Blogs

Read other users' blogs-- or start your own!

Most Recent Blog Posts:

The Source of Title - Part I: Freedom Written, Freedom Insured
Ben DuBay's Blog
2026/02/15
0 comments

Shared Driveway Agreements
Marissa Berends's Blog
2025/12/10
0 comments

Explain It Like I’m 5: FIRPTA Edition
Marissa Berends's Blog
2025/12/03
0 comments

Articles

Source of Title articles help to keep you informed on the state of the title industry.

Title Resources Group Appoints Laura Kribs as Underwriting Counsel for Texas, Oklahoma
“TRG has built an exceptional reputation for strong agency relationships and thoughtful growth within the Texas ma...
Mortgage Applications Increase in Latest MBA Weekly Survey
“Mortgage rates followed Treasury yields lower last week, with the 30-year fixed rate declining to 6.09 percent &#...
Second Century Ventures Opens Applications for 2026 REACH Commercial Program
“The REACH Commercial program provides a comprehensive platform for growth and innovation within the proptech sect...
CertifID Expands Platform to Simplify and Secure the Closing Experience
CertifID, the pioneer in real estate wire fraud protection, today announced the expansion of its platform to include doc...
NAHB's Best in American Living Awards Highlight Top Design Trends for 2026
“For the past several years, stark white homes—from exteriors to interiors—have saturated the market,&...

Search Articles:
browse...

Classifieds

Buy, sell, or trade! Browse the ads or post your own!

© 2020, Source of Title.