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[+] Naltea Clearwater? Oh Yeah! - Kurt deVries/FL (2 replies)
8/15/2005 12:15:36 PM (2477 views)

[+] Ever had this happen to you? - SHARON YAHRAES/ID (29 replies)
8/13/2005 5:27:40 PM (2632 views)

[+] Update to My Post of 08.05.2005 - Scott Perry/PA (1 reply)
8/13/2005 11:18:39 AM (2494 views)

Police Mortgage? - Kevin Horan/PA
8/12/2005 11:17:13 AM (2129 views)

[+] Next NALTEA Conference - Kevin Horan/PA (5 replies)
8/12/2005 11:09:01 AM (2472 views)




[+] New Interest - Gladys Brown/NC (4 replies)
8/11/2005 5:59:50 PM (2484 views)

[+] HELP PLEASE! Fee problem - J Nisonger/CA (2 replies)
8/10/2005 5:07:11 PM (2584 views)

Policy Manual - Wendi See/SC
8/10/2005 1:05:21 PM (2181 views)

[+] looking to expand - Gladys Brown/NC (6 replies)
8/10/2005 10:16:39 AM (2512 views)

[+] Thoughts?? - Michaela Urban/OH (7 replies)
8/10/2005 12:51:57 AM (2722 views)

[-] Invoices shorted - Sandra Morton/KS (24 replies)
8/9/2005 11:54:32 AM (2737 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 12:23:50 PM (4153 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 12:43:04 PM (4235 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 1:07:16 PM (3863 views)
Re: Invoices shorted - Steve Schneider/IN
8/9/2005 8:29:03 PM (4258 views)
Re: Invoices shorted - Julie Jasiunas/WI
8/9/2005 12:39:41 PM (4199 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 12:46:12 PM (4127 views)
Re: Invoices shorted - Julie Jasiunas/WI
8/9/2005 6:52:15 PM (3945 views)
Re: Invoices shorted - Robert Franco/OH
8/9/2005 1:48:13 PM (3901 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 2:27:30 PM (3891 views)
Re: Invoices shorted - Matthew DeLand/NY
8/9/2005 2:33:43 PM (3916 views)
Re: Invoices shorted - Robert Franco/OH
8/9/2005 3:04:09 PM (4273 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 3:23:48 PM (4211 views)
Re: Invoices shorted - Matthew DeLand/NY
8/9/2005 4:29:09 PM (4011 views)
Re: Invoices shorted - Scott Perry/PA
8/9/2005 6:20:35 PM (4000 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 7:22:33 PM (3976 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.

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Re: Invoices shorted - Scott Perry/PA
8/9/2005 7:47:07 PM (4391 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 8:44:54 PM (4060 views)
Jireh Business Info Solutions Factoid: - Scott Perry/PA
8/9/2005 9:10:15 PM (4059 views)
Re: Jireh Business Info Solutions Factoid: - Robert Franco/OH
8/9/2005 9:46:45 PM (4239 views)
Re: Jireh Business Info Solutions Factoid: - Scott Perry/PA
8/9/2005 9:59:09 PM (4142 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 8:34:35 PM (4047 views)
Re: Invoices shorted - Glenda Hodge/TN
8/10/2005 1:53:44 AM (4060 views)
Re: Invoices shorted - Douglas Gallant/OH
8/10/2005 5:11:59 PM (3867 views)
Re: Invoices shorted - Lisa Ramsey/TX
8/12/2005 7:16:20 AM (3767 views)

Muchas Gracias, Roberto! - Scott Perry/PA
8/8/2005 9:57:19 PM (2200 views)

BANNED FROM SOT - VIVIAN SLYKER/OH
8/8/2005 4:01:14 PM (2359 views)

[+] HELOCS - Gladys Brown/NC (4 replies)
8/8/2005 3:43:56 PM (2577 views)

[+] trouble with Title Search USA? - Susan Raynard/MA (3 replies)
8/8/2005 12:50:11 AM (2701 views)


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