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Why cant a oral agreament for a change order or add on for home inprovements be upheld in ca.?
Wiki User
∙ 14y ago
By "legal" I assume that you mean binding. Any contract is an enforceable agreement between two or more parties. Whether written or oral, if the Court can identify the bargain and ascertain that there is consideration (something of value) the Court can enforce the contract.
The contract is either binding and enforceable or it is not. Whether it was written down or simply an oral agreement does not matter.
If the Court cannot determine what the actual bargain was, the court will likely conclude that there was no contract. With a written contract, the Court may find that a term in the contract was ambiguous. It can then solicit testimony from the parties as to what they meant by that term.
For the person seeking to enforce the contract it is always better to have an actual written agreement that can be placed before the Court. The Court will be more certain that there was, in fact, a contract. For this reason oral agreements can be more difficult to enforce. Also, the Statute of Frauds requires certain contracts (such as for the sale of land) to be in writing.
Edward X. Clinton, Jr.
2009
Wiki User
∙ 14y ago
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Did the order of elements change?
Nope
name change forms-------where can i get for state of mo.//local in doe run?
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