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Naltea Clearwater? Oh Yeah! - Kurt deVries/FL
8/15/2005 12:15:36 PM (2415 views)
Re: Naltea Clearwater? Oh Yeah! - Robert Franco/OH
8/15/2005 1:27:14 PM (3312 views)
Re: Naltea Clearwater? Oh Yeah! - Matthew DeLand/NY
8/15/2005 3:09:32 PM (3306 views)

Ever had this happen to you? - SHARON YAHRAES/ID
8/13/2005 5:27:40 PM (2553 views)
Re: Ever had this happen to you? - J.T. Shoemaker/NY
8/13/2005 6:33:43 PM (3507 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/14/2005 9:10:36 AM (4872 views)
Re: Ever had this happen to you? - Julie Jasiunas/WI
8/14/2005 11:01:55 AM (3447 views)
Re: Ever had this happen to you? - David Bloys/TX
8/14/2005 1:14:49 PM (3509 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/14/2005 2:51:52 PM (3489 views)
Re: Ever had this happen to you? - J.T. Shoemaker/NY
8/14/2005 7:15:22 PM (3529 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/14/2005 9:24:14 PM (3318 views)
Re: Ever had this happen to you? - David Bloys/TX
8/14/2005 10:10:39 PM (3476 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/15/2005 6:24:02 AM (3485 views)
Re: Ever had this happen to you? - David Bloys/TX
8/15/2005 7:43:38 AM (3356 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/15/2005 9:37:39 AM (3264 views)
Re: Ever had this happen to you? - David Bloys/TX
8/15/2005 6:44:46 PM (3282 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/15/2005 7:28:15 PM (3314 views)
Re: Ever had this happen to you? - David Bloys/TX
8/15/2005 9:08:55 PM (4629 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/16/2005 5:52:36 AM (3494 views)
Re: Ever had this happen to you? - David Bloys/TX
8/17/2005 9:57:47 AM (4498 views)
Re: Ever had this happen to you? - Lisa Ramsey/TX
8/17/2005 10:09:42 AM (4659 views)
Re: Ever had this happen to you? - Scott Perry/PA
8/14/2005 6:01:13 PM (3483 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/14/2005 6:55:39 PM (3427 views)
Thank you so much!!! - SHARON YAHRAES/ID
8/14/2005 10:23:17 PM (3432 views)
Re: Ever had this happen to you? - Spencer Kinsey/AR
8/15/2005 12:11:54 AM (3333 views)
Re: Ever had this happen to you? - Lisa Ramsey/TX
8/15/2005 10:07:07 AM (3239 views)
Re: Ever had this happen to you? - Robert Franco/OH
8/15/2005 10:04:06 AM (3182 views)
Re: Ever had this happen to you? - Lisa Ramsey/TX
8/15/2005 10:23:25 AM (3218 views)
Re: Ever had this happen to you? - Robert Franco/OH
8/15/2005 10:52:42 AM (3230 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/15/2005 12:07:39 PM (3381 views)
Re: Ever had this happen to you? - Matthew DeLand/NY
8/15/2005 12:19:50 PM (3248 views)
Re: Ever had this happen to you? - Lisa Ramsey/TX
8/15/2005 12:25:46 PM (3284 views)
Re: Ever had this happen to you? - Matthew DeLand/NY
8/15/2005 3:13:32 PM (3306 views)

Update to My Post of 08.05.2005 - Scott Perry/PA
8/13/2005 11:18:39 AM (2407 views)
Re: Update to My Post of 08.05.2005 - J.T. Shoemaker/NY
8/13/2005 6:36:33 PM (3270 views)

Police Mortgage? - Kevin Horan/PA
8/12/2005 11:17:13 AM (2054 views)

Next NALTEA Conference - Kevin Horan/PA
8/12/2005 11:09:01 AM (2398 views)
Re: Next NALTEA Conference - Jay Duncan/MO
8/12/2005 1:53:08 PM (3118 views)
Re: Next NALTEA Conference - Matthew DeLand/NY
8/12/2005 2:03:22 PM (3082 views)
Re: Next NALTEA Conference...Here is where we are staying - Jay Duncan/MO
8/12/2005 5:30:36 PM (3160 views)
Re: Next NALTEA Conference - Kevin Horan/PA
8/15/2005 12:41:07 PM (2994 views)
Re: Next NALTEA Conference - Matthew DeLand/NY
8/15/2005 3:01:35 PM (3127 views)




New Interest - Gladys Brown/NC
8/11/2005 5:59:50 PM (2400 views)
Re: New Interest - Shannon Blatt/VA
8/11/2005 11:40:19 PM (3274 views)
Re: New Interest - Lisa Ramsey/TX
8/12/2005 7:23:56 AM (3353 views)
Re: New Interest - Kevin Ahern/CT
8/12/2005 9:33:38 AM (3511 views)
Re: New Interest - Gladys Brown/NC
8/12/2005 11:12:12 AM (3090 views)

HELP PLEASE! Fee problem - J Nisonger/CA
8/10/2005 5:07:11 PM (2511 views)
Re: HELP PLEASE! Fee problem - Kevin Ahern/CT
8/10/2005 5:43:23 PM (3367 views)
Re: HELP PLEASE! Fee problem - J Nisonger/CA
8/10/2005 8:34:25 PM (3363 views)

Policy Manual - Wendi See/SC
8/10/2005 1:05:21 PM (2105 views)

looking to expand - Gladys Brown/NC
8/10/2005 10:16:39 AM (2448 views)
Re: looking to expand - Markita Meeks/MI
8/10/2005 12:19:28 PM (3434 views)
Re: looking to expand - J Nisonger/CA
8/10/2005 4:57:14 PM (3754 views)
Re: looking to expand - Donna Grady/NC
8/10/2005 11:39:13 PM (3507 views)
Re: looking to expand - Shannon Blatt/VA
8/11/2005 12:09:12 PM (3367 views)
Re: looking to expand - Kevin Ahern/CT
8/12/2005 10:01:28 AM (3454 views)
Re: looking to expand - Donna Grady/NC
8/24/2005 12:22:12 AM (3365 views)

Thoughts?? - Michaela Urban/OH
8/10/2005 12:51:57 AM (2589 views)
Re: Thoughts?? - Jay Duncan/MO
8/10/2005 8:42:10 AM (3551 views)
Re: Thoughts?? - David Bloys/TX
8/10/2005 9:37:34 AM (5398 views)
Re: Thoughts?? - Matthew DeLand/NY
8/10/2005 4:52:39 PM (3595 views)
Re: Thoughts?? - Anne Gilbert/VT
8/10/2005 8:04:18 PM (3425 views)
Re: Thoughts?? - Scott Perry/PA
8/10/2005 9:10:40 PM (3411 views)
Re: Thoughts?? - Donna Grady/NC
8/11/2005 12:08:08 AM (3344 views)
Re: Thoughts?? - Lisa Ramsey/TX
8/12/2005 9:03:06 AM (3393 views)

Invoices shorted - Sandra Morton/KS
8/9/2005 11:54:32 AM (2665 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 12:23:50 PM (3814 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 12:43:04 PM (3874 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 1:07:16 PM (3529 views)
Re: Invoices shorted - Steve Schneider/IN
8/9/2005 8:29:03 PM (3899 views)
Re: Invoices shorted - Julie Jasiunas/WI
8/9/2005 12:39:41 PM (3838 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 12:46:12 PM (3770 views)
Re: Invoices shorted - Julie Jasiunas/WI
8/9/2005 6:52:15 PM (3606 views)
Re: Invoices shorted - Robert Franco/OH
8/9/2005 1:48:13 PM (3559 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 2:27:30 PM (3536 views)
Re: Invoices shorted - Matthew DeLand/NY
8/9/2005 2:33:43 PM (3572 views)
Re: Invoices shorted - Robert Franco/OH
8/9/2005 3:04:09 PM (3903 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 3:23:48 PM (3882 views)
Re: Invoices shorted - Matthew DeLand/NY
8/9/2005 4:29:09 PM (3646 views)
Re: Invoices shorted - Scott Perry/PA
8/9/2005 6:20:35 PM (3634 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 7:22:33 PM (3628 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 (4016 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 8:44:54 PM (3688 views)
Jireh Business Info Solutions Factoid: - Scott Perry/PA
8/9/2005 9:10:15 PM (3702 views)
Re: Jireh Business Info Solutions Factoid: - Robert Franco/OH
8/9/2005 9:46:45 PM (3880 views)
Re: Jireh Business Info Solutions Factoid: - Scott Perry/PA
8/9/2005 9:59:09 PM (3800 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 8:34:35 PM (3695 views)
Re: Invoices shorted - Glenda Hodge/TN
8/10/2005 1:53:44 AM (3716 views)
Re: Invoices shorted - Douglas Gallant/OH
8/10/2005 5:11:59 PM (3527 views)
Re: Invoices shorted - Lisa Ramsey/TX
8/12/2005 7:16:20 AM (3446 views)

Muchas Gracias, Roberto! - Scott Perry/PA
8/8/2005 9:57:19 PM (2127 views)

BANNED FROM SOT - VIVIAN SLYKER/OH
8/8/2005 4:01:14 PM (2292 views)

HELOCS - Gladys Brown/NC
8/8/2005 3:43:56 PM (2462 views)
Re: HELOCS - Wanda Steudel/OH
8/8/2005 5:06:03 PM (3506 views)
Re: HELOCS - Victoria Moate/NJ
8/9/2005 12:58:27 AM (3606 views)
Re: HELOCS - Gladys Brown/NC
8/10/2005 10:05:51 AM (3545 views)
Re: HELOCS - Jeanne Mendes/CA
8/30/2005 5:28:37 AM (3350 views)

trouble with Title Search USA? - Susan Raynard/MA
8/8/2005 12:50:11 AM (2622 views)
Re: trouble with Title Search USA? - Francis Gottron/OH
8/8/2005 1:53:42 PM (3558 views)
Re: trouble with Title Search USA? - Marilyn Parker/IL
8/19/2005 6:27:42 PM (3518 views)
Re: trouble with Title Search USA? - Becky Kale/IL
9/15/2005 5:42:37 PM (3156 views)


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