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Naltea Clearwater? Oh Yeah! - Kurt deVries/FL
8/15/2005 12:15:36 PM (2315 views)
Re: Naltea Clearwater? Oh Yeah! - Robert Franco/OH
8/15/2005 1:27:14 PM (3044 views)
Re: Naltea Clearwater? Oh Yeah! - Matthew DeLand/NY
8/15/2005 3:09:32 PM (3004 views)

Ever had this happen to you? - SHARON YAHRAES/ID
8/13/2005 5:27:40 PM (2437 views)
Re: Ever had this happen to you? - J.T. Shoemaker/NY
8/13/2005 6:33:43 PM (3236 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/14/2005 9:10:36 AM (4568 views)
Re: Ever had this happen to you? - Julie Jasiunas/WI
8/14/2005 11:01:55 AM (3179 views)
Re: Ever had this happen to you? - David Bloys/TX
8/14/2005 1:14:49 PM (3199 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/14/2005 2:51:52 PM (3212 views)
Re: Ever had this happen to you? - J.T. Shoemaker/NY
8/14/2005 7:15:22 PM (3235 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/14/2005 9:24:14 PM (3030 views)
Re: Ever had this happen to you? - David Bloys/TX
8/14/2005 10:10:39 PM (3181 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/15/2005 6:24:02 AM (3190 views)
Re: Ever had this happen to you? - David Bloys/TX
8/15/2005 7:43:38 AM (3056 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/15/2005 9:37:39 AM (2959 views)
Re: Ever had this happen to you? - David Bloys/TX
8/15/2005 6:44:46 PM (2995 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/15/2005 7:28:15 PM (3027 views)
Re: Ever had this happen to you? - David Bloys/TX
8/15/2005 9:08:55 PM (4321 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/16/2005 5:52:36 AM (3199 views)
Re: Ever had this happen to you? - David Bloys/TX
8/17/2005 9:57:47 AM (4187 views)
Re: Ever had this happen to you? - Lisa Ramsey/TX
8/17/2005 10:09:42 AM (4341 views)
Re: Ever had this happen to you? - Scott Perry/PA
8/14/2005 6:01:13 PM (3185 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/14/2005 6:55:39 PM (3128 views)
Thank you so much!!! - SHARON YAHRAES/ID
8/14/2005 10:23:17 PM (3139 views)
Re: Ever had this happen to you? - Spencer Kinsey/AR
8/15/2005 12:11:54 AM (3046 views)
Re: Ever had this happen to you? - Lisa Ramsey/TX
8/15/2005 10:07:07 AM (2956 views)
Re: Ever had this happen to you? - Robert Franco/OH
8/15/2005 10:04:06 AM (2897 views)
Re: Ever had this happen to you? - Lisa Ramsey/TX
8/15/2005 10:23:25 AM (2939 views)
Re: Ever had this happen to you? - Robert Franco/OH
8/15/2005 10:52:42 AM (2945 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/15/2005 12:07:39 PM (3079 views)
Re: Ever had this happen to you? - Matthew DeLand/NY
8/15/2005 12:19:50 PM (2953 views)
Re: Ever had this happen to you? - Lisa Ramsey/TX
8/15/2005 12:25:46 PM (3014 views)
Re: Ever had this happen to you? - Matthew DeLand/NY
8/15/2005 3:13:32 PM (3035 views)

Update to My Post of 08.05.2005 - Scott Perry/PA
8/13/2005 11:18:39 AM (2295 views)
Re: Update to My Post of 08.05.2005 - J.T. Shoemaker/NY
8/13/2005 6:36:33 PM (2952 views)

Police Mortgage? - Kevin Horan/PA
8/12/2005 11:17:13 AM (1969 views)

Next NALTEA Conference - Kevin Horan/PA
8/12/2005 11:09:01 AM (2296 views)
Re: Next NALTEA Conference - Jay Duncan/MO
8/12/2005 1:53:08 PM (2837 views)
Re: Next NALTEA Conference - Matthew DeLand/NY
8/12/2005 2:03:22 PM (2799 views)
Re: Next NALTEA Conference...Here is where we are staying - Jay Duncan/MO
8/12/2005 5:30:36 PM (2859 views)
Re: Next NALTEA Conference - Kevin Horan/PA
8/15/2005 12:41:07 PM (2716 views)
Re: Next NALTEA Conference - Matthew DeLand/NY
8/15/2005 3:01:35 PM (2858 views)


Real Title Services


New Interest - Gladys Brown/NC
8/11/2005 5:59:50 PM (2281 views)
Re: New Interest - Shannon Blatt/VA
8/11/2005 11:40:19 PM (2979 views)
Re: New Interest - Lisa Ramsey/TX
8/12/2005 7:23:56 AM (3024 views)
Re: New Interest - Kevin Ahern/CT
8/12/2005 9:33:38 AM (3175 views)
Re: New Interest - Gladys Brown/NC
8/12/2005 11:12:12 AM (2817 views)

HELP PLEASE! Fee problem - J Nisonger/CA
8/10/2005 5:07:11 PM (2384 views)
Re: HELP PLEASE! Fee problem - Kevin Ahern/CT
8/10/2005 5:43:23 PM (3057 views)
Re: HELP PLEASE! Fee problem - J Nisonger/CA
8/10/2005 8:34:25 PM (3059 views)

Policy Manual - Wendi See/SC
8/10/2005 1:05:21 PM (2029 views)

looking to expand - Gladys Brown/NC
8/10/2005 10:16:39 AM (2326 views)
Re: looking to expand - Markita Meeks/MI
8/10/2005 12:19:28 PM (3134 views)
Re: looking to expand - J Nisonger/CA
8/10/2005 4:57:14 PM (3397 views)
Re: looking to expand - Donna Grady/NC
8/10/2005 11:39:13 PM (3191 views)
Re: looking to expand - Shannon Blatt/VA
8/11/2005 12:09:12 PM (3065 views)
Re: looking to expand - Kevin Ahern/CT
8/12/2005 10:01:28 AM (3132 views)
Re: looking to expand - Donna Grady/NC
8/24/2005 12:22:12 AM (3069 views)

Thoughts?? - Michaela Urban/OH
8/10/2005 12:51:57 AM (2433 views)
Re: Thoughts?? - Jay Duncan/MO
8/10/2005 8:42:10 AM (3247 views)
Re: Thoughts?? - David Bloys/TX
8/10/2005 9:37:34 AM (5050 views)
Re: Thoughts?? - Matthew DeLand/NY
8/10/2005 4:52:39 PM (3297 views)
Re: Thoughts?? - Anne Gilbert/VT
8/10/2005 8:04:18 PM (3117 views)
Re: Thoughts?? - Scott Perry/PA
8/10/2005 9:10:40 PM (3102 views)
Re: Thoughts?? - Donna Grady/NC
8/11/2005 12:08:08 AM (3031 views)
Re: Thoughts?? - Lisa Ramsey/TX
8/12/2005 9:03:06 AM (3056 views)

Invoices shorted - Sandra Morton/KS
8/9/2005 11:54:32 AM (2549 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 12:23:50 PM (3490 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 12:43:04 PM (3543 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 1:07:16 PM (3245 views)
Re: Invoices shorted - Steve Schneider/IN
8/9/2005 8:29:03 PM (3568 views)
Re: Invoices shorted - Julie Jasiunas/WI
8/9/2005 12:39:41 PM (3524 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 12:46:12 PM (3475 views)
Re: Invoices shorted - Julie Jasiunas/WI
8/9/2005 6:52:15 PM (3295 views)
Re: Invoices shorted - Robert Franco/OH
8/9/2005 1:48:13 PM (3262 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 2:27:30 PM (3229 views)
Re: Invoices shorted - Matthew DeLand/NY
8/9/2005 2:33:43 PM (3254 views)
Re: Invoices shorted - Robert Franco/OH
8/9/2005 3:04:09 PM (3573 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 3:23:48 PM (3595 views)
Re: Invoices shorted - Matthew DeLand/NY
8/9/2005 4:29:09 PM (3357 views)
Re: Invoices shorted - Scott Perry/PA
8/9/2005 6:20:35 PM (3322 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 7:22:33 PM (3319 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 (3682 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 8:44:54 PM (3393 views)
Jireh Business Info Solutions Factoid: - Scott Perry/PA
8/9/2005 9:10:15 PM (3400 views)
Re: Jireh Business Info Solutions Factoid: - Robert Franco/OH
8/9/2005 9:46:45 PM (3565 views)
Re: Jireh Business Info Solutions Factoid: - Scott Perry/PA
8/9/2005 9:59:09 PM (3491 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 8:34:35 PM (3386 views)
Re: Invoices shorted - Glenda Hodge/TN
8/10/2005 1:53:44 AM (3411 views)
Re: Invoices shorted - Douglas Gallant/OH
8/10/2005 5:11:59 PM (3191 views)
Re: Invoices shorted - Lisa Ramsey/TX
8/12/2005 7:16:20 AM (3151 views)

Muchas Gracias, Roberto! - Scott Perry/PA
8/8/2005 9:57:19 PM (2021 views)

BANNED FROM SOT - VIVIAN SLYKER/OH
8/8/2005 4:01:14 PM (2213 views)

HELOCS - Gladys Brown/NC
8/8/2005 3:43:56 PM (2352 views)
Re: HELOCS - Wanda Steudel/OH
8/8/2005 5:06:03 PM (3225 views)
Re: HELOCS - Victoria Moate/NJ
8/9/2005 12:58:27 AM (3317 views)
Re: HELOCS - Gladys Brown/NC
8/10/2005 10:05:51 AM (3276 views)
Re: HELOCS - Jeanne Mendes/CA
8/30/2005 5:28:37 AM (3057 views)

trouble with Title Search USA? - Susan Raynard/MA
8/8/2005 12:50:11 AM (2503 views)
Re: trouble with Title Search USA? - Francis Gottron/OH
8/8/2005 1:53:42 PM (3271 views)
Re: trouble with Title Search USA? - Marilyn Parker/IL
8/19/2005 6:27:42 PM (3233 views)
Re: trouble with Title Search USA? - Becky Kale/IL
9/15/2005 5:42:37 PM (2868 views)


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