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Naltea Clearwater? Oh Yeah! - Kurt deVries/FL
8/15/2005 12:15:36 PM (2211 views)
Re: Naltea Clearwater? Oh Yeah! - Robert Franco/OH
8/15/2005 1:27:14 PM (2670 views)
Re: Naltea Clearwater? Oh Yeah! - Matthew DeLand/NY
8/15/2005 3:09:32 PM (2649 views)

Ever had this happen to you? - SHARON YAHRAES/ID
8/13/2005 5:27:40 PM (2301 views)
Re: Ever had this happen to you? - J.T. Shoemaker/NY
8/13/2005 6:33:43 PM (2918 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/14/2005 9:10:36 AM (4224 views)
Re: Ever had this happen to you? - Julie Jasiunas/WI
8/14/2005 11:01:55 AM (2824 views)
Re: Ever had this happen to you? - David Bloys/TX
8/14/2005 1:14:49 PM (2851 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/14/2005 2:51:52 PM (2879 views)
Re: Ever had this happen to you? - J.T. Shoemaker/NY
8/14/2005 7:15:22 PM (2903 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/14/2005 9:24:14 PM (2753 views)
Re: Ever had this happen to you? - David Bloys/TX
8/14/2005 10:10:39 PM (2833 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/15/2005 6:24:02 AM (2854 views)
Re: Ever had this happen to you? - David Bloys/TX
8/15/2005 7:43:38 AM (2798 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/15/2005 9:37:39 AM (2621 views)
Re: Ever had this happen to you? - David Bloys/TX
8/15/2005 6:44:46 PM (2665 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/15/2005 7:28:15 PM (2692 views)
Re: Ever had this happen to you? - David Bloys/TX
8/15/2005 9:08:55 PM (3950 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/16/2005 5:52:36 AM (2853 views)
Re: Ever had this happen to you? - David Bloys/TX
8/17/2005 9:57:47 AM (3927 views)
Re: Ever had this happen to you? - Lisa Ramsey/TX
8/17/2005 10:09:42 AM (4068 views)
Re: Ever had this happen to you? - Scott Perry/PA
8/14/2005 6:01:13 PM (2832 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/14/2005 6:55:39 PM (2826 views)
Thank you so much!!! - SHARON YAHRAES/ID
8/14/2005 10:23:17 PM (2795 views)
Re: Ever had this happen to you? - Spencer Kinsey/AR
8/15/2005 12:11:54 AM (2774 views)
Re: Ever had this happen to you? - Lisa Ramsey/TX
8/15/2005 10:07:07 AM (2601 views)
Re: Ever had this happen to you? - Robert Franco/OH
8/15/2005 10:04:06 AM (2569 views)
Re: Ever had this happen to you? - Lisa Ramsey/TX
8/15/2005 10:23:25 AM (2627 views)
Re: Ever had this happen to you? - Robert Franco/OH
8/15/2005 10:52:42 AM (2581 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/15/2005 12:07:39 PM (2716 views)
Re: Ever had this happen to you? - Matthew DeLand/NY
8/15/2005 12:19:50 PM (2591 views)
Re: Ever had this happen to you? - Lisa Ramsey/TX
8/15/2005 12:25:46 PM (2650 views)
Re: Ever had this happen to you? - Matthew DeLand/NY
8/15/2005 3:13:32 PM (2683 views)

Update to My Post of 08.05.2005 - Scott Perry/PA
8/13/2005 11:18:39 AM (2181 views)
Re: Update to My Post of 08.05.2005 - J.T. Shoemaker/NY
8/13/2005 6:36:33 PM (2610 views)

Police Mortgage? - Kevin Horan/PA
8/12/2005 11:17:13 AM (1888 views)

Next NALTEA Conference - Kevin Horan/PA
8/12/2005 11:09:01 AM (2183 views)
Re: Next NALTEA Conference - Jay Duncan/MO
8/12/2005 1:53:08 PM (2578 views)
Re: Next NALTEA Conference - Matthew DeLand/NY
8/12/2005 2:03:22 PM (2465 views)
Re: Next NALTEA Conference...Here is where we are staying - Jay Duncan/MO
8/12/2005 5:30:36 PM (2554 views)
Re: Next NALTEA Conference - Kevin Horan/PA
8/15/2005 12:41:07 PM (2478 views)
Re: Next NALTEA Conference - Matthew DeLand/NY
8/15/2005 3:01:35 PM (2599 views)




New Interest - Gladys Brown/NC
8/11/2005 5:59:50 PM (2195 views)
Re: New Interest - Shannon Blatt/VA
8/11/2005 11:40:19 PM (2669 views)
Re: New Interest - Lisa Ramsey/TX
8/12/2005 7:23:56 AM (2659 views)
Re: New Interest - Kevin Ahern/CT
8/12/2005 9:33:38 AM (2841 views)
Re: New Interest - Gladys Brown/NC
8/12/2005 11:12:12 AM (2573 views)

HELP PLEASE! Fee problem - J Nisonger/CA
8/10/2005 5:07:11 PM (2230 views)
Re: HELP PLEASE! Fee problem - Kevin Ahern/CT
8/10/2005 5:43:23 PM (2748 views)
Re: HELP PLEASE! Fee problem - J Nisonger/CA
8/10/2005 8:34:25 PM (2723 views)

Policy Manual - Wendi See/SC
8/10/2005 1:05:21 PM (1904 views)

looking to expand - Gladys Brown/NC
8/10/2005 10:16:39 AM (2228 views)
Re: looking to expand - Markita Meeks/MI
8/10/2005 12:19:28 PM (2851 views)
Re: looking to expand - J Nisonger/CA
8/10/2005 4:57:14 PM (3094 views)
Re: looking to expand - Donna Grady/NC
8/10/2005 11:39:13 PM (2832 views)
Re: looking to expand - Shannon Blatt/VA
8/11/2005 12:09:12 PM (2750 views)
Re: looking to expand - Kevin Ahern/CT
8/12/2005 10:01:28 AM (2781 views)
Re: looking to expand - Donna Grady/NC
8/24/2005 12:22:12 AM (2771 views)

Thoughts?? - Michaela Urban/OH
8/10/2005 12:51:57 AM (2317 views)
Re: Thoughts?? - Jay Duncan/MO
8/10/2005 8:42:10 AM (2989 views)
Re: Thoughts?? - David Bloys/TX
8/10/2005 9:37:34 AM (4759 views)
Re: Thoughts?? - Matthew DeLand/NY
8/10/2005 4:52:39 PM (3054 views)
Re: Thoughts?? - Anne Gilbert/VT
8/10/2005 8:04:18 PM (2786 views)
Re: Thoughts?? - Scott Perry/PA
8/10/2005 9:10:40 PM (2794 views)
Re: Thoughts?? - Donna Grady/NC
8/11/2005 12:08:08 AM (2718 views)
Re: Thoughts?? - Lisa Ramsey/TX
8/12/2005 9:03:06 AM (2747 views)

Invoices shorted - Sandra Morton/KS
8/9/2005 11:54:32 AM (2396 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 12:23:50 PM (3126 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 12:43:04 PM (3184 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 1:07:16 PM (2909 views)
Re: Invoices shorted - Steve Schneider/IN
8/9/2005 8:29:03 PM (3204 views)
Re: Invoices shorted - Julie Jasiunas/WI
8/9/2005 12:39:41 PM (3196 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 12:46:12 PM (3100 views)
Re: Invoices shorted - Julie Jasiunas/WI
8/9/2005 6:52:15 PM (3022 views)
Re: Invoices shorted - Robert Franco/OH
8/9/2005 1:48:13 PM (2891 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 2:27:30 PM (2905 views)
Re: Invoices shorted - Matthew DeLand/NY
8/9/2005 2:33:43 PM (2895 views)
Re: Invoices shorted - Robert Franco/OH
8/9/2005 3:04:09 PM (3256 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 3:23:48 PM (3244 views)
Re: Invoices shorted - Matthew DeLand/NY
8/9/2005 4:29:09 PM (3061 views)
Re: Invoices shorted - Scott Perry/PA
8/9/2005 6:20:35 PM (2991 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 7:22:33 PM (3000 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 (3317 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 8:44:54 PM (3038 views)
Jireh Business Info Solutions Factoid: - Scott Perry/PA
8/9/2005 9:10:15 PM (3068 views)
Re: Jireh Business Info Solutions Factoid: - Robert Franco/OH
8/9/2005 9:46:45 PM (3222 views)
Re: Jireh Business Info Solutions Factoid: - Scott Perry/PA
8/9/2005 9:59:09 PM (3147 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 8:34:35 PM (3023 views)
Re: Invoices shorted - Glenda Hodge/TN
8/10/2005 1:53:44 AM (3084 views)
Re: Invoices shorted - Douglas Gallant/OH
8/10/2005 5:11:59 PM (2905 views)
Re: Invoices shorted - Lisa Ramsey/TX
8/12/2005 7:16:20 AM (2854 views)

Muchas Gracias, Roberto! - Scott Perry/PA
8/8/2005 9:57:19 PM (1929 views)

BANNED FROM SOT - VIVIAN SLYKER/OH
8/8/2005 4:01:14 PM (2107 views)

HELOCS - Gladys Brown/NC
8/8/2005 3:43:56 PM (2260 views)
Re: HELOCS - Wanda Steudel/OH
8/8/2005 5:06:03 PM (2913 views)
Re: HELOCS - Victoria Moate/NJ
8/9/2005 12:58:27 AM (2977 views)
Re: HELOCS - Gladys Brown/NC
8/10/2005 10:05:51 AM (2961 views)
Re: HELOCS - Jeanne Mendes/CA
8/30/2005 5:28:37 AM (2761 views)

trouble with Title Search USA? - Susan Raynard/MA
8/8/2005 12:50:11 AM (2390 views)
Re: trouble with Title Search USA? - Francis Gottron/OH
8/8/2005 1:53:42 PM (2897 views)
Re: trouble with Title Search USA? - Marilyn Parker/IL
8/19/2005 6:27:42 PM (2858 views)
Re: trouble with Title Search USA? - Becky Kale/IL
9/15/2005 5:42:37 PM (2551 views)


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