Legal Question in Civil Litigation in New York
Oral Agreements
how could you prove the existence and terms of an oral agreement if there were no third party present to overhear the agreement?
3 Answers from Attorneys
Re: Oral Agreements
You would use testimony of one or both parties. If there is a dispute, then the court can consider the credibility of each witness.
Re: Oral Agreements
You can show that one or another party acted or resisted an action that otherwise would be unreasonable in the absence of an agreement between the parties.
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Re: Oral Agreements
It depends on the type of contract.
A contract for services,can be proven by partial performance; you offer testimony that you performed work pursuant to to an oral agreement, that it is something you wouldn't normally do absent payment, and if you aren't paid then the other party will have been unjustly enriched.
As a general rule however, all contracts should be in writing to be fully enforced.
The statute of frauds is a complete defense to agreements regarding the loan of money in an amount over $500.00. Real Estate can't be conveyed absent a written contract. There are special rules for credit agreements etc.