Legal Question in Business Law in Illinois

Does a verbal hand shake agreement have the same legal standing as a signed agreement?


Asked on 11/08/10, 9:58 am

3 Answers from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a franchise attorney, I can say most oral agreements are just as legal as a written agreement. In some cases (like the sale of land, for example) a writing is usually required. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Attorney

Franchise Foundations APC

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Answered on 11/13/10, 11:05 am

The naswer depends on whether the Stute of Frauds would apply. That statute requires that certain kinds of contracts be in writing.

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Answered on 11/13/10, 5:14 pm
Thomas Moens Moens Law Offices, Chartered

Try doing an internet search for "statute of frauds my legs." This will give you the mnemonic for which contracts must be in writing to be enforceable. Even if the statute of frauds does not apply, any enforcement of an oral agreement will be hampered by "he said she said" defenses.

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Answered on 11/15/10, 11:49 am


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