Legal Question in Business Law in California
agreements
if you have and agreement even though it is not in writting is it still legal.
3 Answers from Attorneys
Re: agreements
Oral agreements CAN be binding depending upon the circumstances, i.e., whether there is evidence to show what the agreement consisted of, whether the parties acted as though there was an agreement, etc.
It is also likely to be costly to push the case through litigation.
Re: agreements
Agreements generally do not have to be in writing to be legally binding, though some types of agreements do. Whether a particular oral agreement -- even one of a type which does not have to be in writing -- is legally binding will depend upon many factors.
Re: agreements
Yes, oral contracts and or implied contracts by conduct are both enforceable in most situations, barring any exceptions. However, they are far harder to prove in court.
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