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[+] Update to My Post of 08.05.2005 - Scott Perry/PA (1 reply)
8/13/2005 11:18:39 AM (2270 views)

Police Mortgage? - Kevin Horan/PA
8/12/2005 11:17:13 AM (1945 views)

[+] Next NALTEA Conference - Kevin Horan/PA (5 replies)
8/12/2005 11:09:01 AM (2274 views)

[+] New Interest - Gladys Brown/NC (4 replies)
8/11/2005 5:59:50 PM (2257 views)

[+] HELP PLEASE! Fee problem - J Nisonger/CA (2 replies)
8/10/2005 5:07:11 PM (2352 views)


Real Title Services


Policy Manual - Wendi See/SC
8/10/2005 1:05:21 PM (2015 views)

[+] looking to expand - Gladys Brown/NC (6 replies)
8/10/2005 10:16:39 AM (2304 views)

[+] Thoughts?? - Michaela Urban/OH (7 replies)
8/10/2005 12:51:57 AM (2410 views)

[-] Invoices shorted - Sandra Morton/KS (24 replies)
8/9/2005 11:54:32 AM (2519 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 12:23:50 PM (3422 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 12:43:04 PM (3469 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 1:07:16 PM (3179 views)
Re: Invoices shorted - Steve Schneider/IN
8/9/2005 8:29:03 PM (3495 views)
Re: Invoices shorted - Julie Jasiunas/WI
8/9/2005 12:39:41 PM (3451 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 12:46:12 PM (3399 views)
Re: Invoices shorted - Julie Jasiunas/WI
8/9/2005 6:52:15 PM (3245 views)
Re: Invoices shorted - Robert Franco/OH
8/9/2005 1:48:13 PM (3188 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 2:27:30 PM (3161 views)
Re: Invoices shorted - Matthew DeLand/NY
8/9/2005 2:33:43 PM (3187 views)
Re: Invoices shorted - Robert Franco/OH
8/9/2005 3:04:09 PM (3512 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 3:23:48 PM (3525 views)
Re: Invoices shorted - Matthew DeLand/NY
8/9/2005 4:29:09 PM (3301 views)
Re: Invoices shorted - Scott Perry/PA
8/9/2005 6:20:35 PM (3253 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 7:22:33 PM (3251 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 (3600 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 8:44:54 PM (3328 views)
Jireh Business Info Solutions Factoid: - Scott Perry/PA
8/9/2005 9:10:15 PM (3328 views)
Re: Jireh Business Info Solutions Factoid: - Robert Franco/OH
8/9/2005 9:46:45 PM (3496 views)
Re: Jireh Business Info Solutions Factoid: - Scott Perry/PA
8/9/2005 9:59:09 PM (3429 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 8:34:35 PM (3316 views)
Re: Invoices shorted - Glenda Hodge/TN
8/10/2005 1:53:44 AM (3342 views)
Re: Invoices shorted - Douglas Gallant/OH
8/10/2005 5:11:59 PM (3131 views)
Re: Invoices shorted - Lisa Ramsey/TX
8/12/2005 7:16:20 AM (3093 views)

Muchas Gracias, Roberto! - Scott Perry/PA
8/8/2005 9:57:19 PM (2014 views)

BANNED FROM SOT - VIVIAN SLYKER/OH
8/8/2005 4:01:14 PM (2200 views)

[+] HELOCS - Gladys Brown/NC (4 replies)
8/8/2005 3:43:56 PM (2338 views)

[+] trouble with Title Search USA? - Susan Raynard/MA (3 replies)
8/8/2005 12:50:11 AM (2487 views)

Request for Info - Samson Ugorji/MD
8/6/2005 11:44:46 PM (2070 views)

[+] Request for Info - Scott Perry/PA (6 replies)
8/5/2005 7:20:17 PM (2521 views)


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