I had an Oral Contract but now my ex friend is not honoring it. What can I do?
Oral contracts are sometimes able to be enforced in the State of Florida. Whether an oral contract can be enforced, it depends on a number of factors, including whether you can prove the elements of the contract, meaning, what the terms of the contract are and whether those terms have been breached. Under contract law, the plaintiff bears the burden of proof, which means that you, as a plaintiff must be able to profe by the greater weight of the evidence that in fact certain terms where entered into and that those terms were materially breached, as well as show what the damages where for such breach.
Additionally, certain types of contract can not be enforced unless it is in writting. Under Florida law, this is often known as the Statute of Frauds. The Statute of Frauds prevents the enforcement of certain types of contracts including conveying property or the sale of land, contracts that can not be completed in one year, or the promise to pay someone elseís debt.
Contract law is complex and has many exceptions and different ways in which a non written contract can be enforced, including such equitable enforcement such as quantum meruit. Nevertheless, it is always advisable to have a written instrument. It is better to have a document written with the faintest ink, then using the memory of an individual.
In any significant contract, the contract should be drafted or at a minimum, reviewed by a contract lawyer. Taking a minimum of preventive action, can save countless dollars if you were to litigate ambiguous terms.
Arcadier and Associates is here to help.
More Information: For more information, please visit our Contract page
Attorney: Maurice Arcadier
Date Filed: December 31, 2012