I agree with you that getting it in writing is best, but there are many ways to skin a cat when you don't have a writing. I enforce oral contracts and contracts implied in law regularly. To the extent that I cannot recover on the theory of express written or oral contract, I can recover on the theory of implied contract alternately. There is also a difference in the Statute of limitations with respect to each . Here in Connecticut oral contracts have a three year limitations period. Implied contracts and written contracts have a six year limitations period.
In so far as the Statute of Frauds is concerned, in Connecticut the Statute of Frauds requires a written contract in only five situations: (1) sale of goods over a certain value, (2) contracts made in consideration of marriage, (3) contracts involving an interest in real estate, (4) surety contracts (insurance contracts)* and (5) contracts not to be performed within a year. There are also ways of taking an agreement out of the Statute of Frauds like the partial performance doctrine in the sale of real estate. If the contract in question falls into one of these categories, then there must be a writing which satisfies the requirements of the Statute of Frauds.
In Connecticut there are many agreements that are not subject to the Statute of Frauds, but are fully enforecable. When I have litigated oral contracts the biggest problem seems not to be with the proof of the agreement's existence because there has usually been an exchange of performance to some degree between the parties. The problems usually center on whether there has been complete performance of his obligations by the plaintiff and the value of the goods or services involved in the dispute.
Promissory estoppel is not limited to charities in Connecticut. In fact if the
defendant's intent is donative it could be construed as a gift rather than an enforceable contractual obligation. The Restatement of Contract Law does not limit this theory of recovery to Charities here in Connecticut. I am very surprised to hear that Pennsylvania may take a different position.
* There is an interesting story as to how the insurance industry started. if you are interested let me know. I think you will find it amusing.
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