yosemiteben wrote:Taking this to OT.
BigSlam wrote:From your linked article:
Written Vs. Oral Contracts
While oral contracts can be legally binding depending on the subject matter and type of agreement, it’s better business practice to put you agreements in writing. A contract that’s been signed by both parties provides documentation of the terms and gives you a significant advantage should a dispute arise. In some cases, agreements must be put in writing before they can be legally enforced under what is known as the statute of frauds. These rules are usually found in state laws. They describe the types of contracts that must be written to be deemed enforceable, including contracts for the sale of real estate and contracts with terms that exceed one year in length
I agree that having a signed contract gives you an advantage. That doesn't mean that in all instances an unsigned written contact is unenforceable. Like I said, it depends on the facts and circumstances.
For example, assume I send you a service contact to mow your lawn for $30, and you call me and say you are good with the terms and that I should mow it the next day. If I actually do mow the lawn the next day, your agreement to compensate me on the terms we agreed to is legally enforceable notwithstanding the fact that you failed to sign the contract.
Prove I said "I am good with the terms". Then get a court to agree with you that I said that.
I get what you are saying, but that is like saying I COULD survive jumping out of a plane without a parachute, but really I need that parachute.
Plus - the service agreement you sent represents the contract, and any adjustment has to be made to that contract. A verbal agreement doesn't surpass the written contract if the written contract is in place and is finalized.
Don't forget - you owe me $100,000.00