hello everyone I am reaching out to you
about a topic today another legal topic
dealing with oral contracts contracts
when they have not been written down and
memorialized in writing between the
parties and how do I prove it
this person told me to fix this house I
think this house you didn't do a
contract he's not paying me or this
person told me hey let me borrow $10,000
I'll pay you back
eleven thousand dollars for two months
and I give him that and then
subsequently he stiffed me can I get my
money back oftentimes people say no but
in most jurisdictional states you can if
you can prove that there was an oral
contract that was enforceable there's
also a backwards way of doing it's
called restitution saying there wasn't a
contract per se our restitution 'el laws
allow you to be refunded whatever money
you gave even if there was not a
contract essentially me sinning
cancelling the agreement because it
wasn't technically a contract and I just
gave my money back so why my clients
come across my office talk to me about
this issue they don't think they're you
know gonna get any money because again
simply have nothing written down we're
done it's not supposed that a lot of
defendants who do this type of stuff
means you sniffing people they
oftentimes think that they're in the
clear there's nothing written down I got
nothing to worry about so I can prove it
comes down to what you can prove a
written moralize contract is a very easy
way to prove that there was a contract
doesn't mean that's the only way you can
prove it example I decline she wrote a
check to this business they cashed it
they stiffed
why else would somebody write a comment
write a check to a business or even an
individual with like $10,000 oftentimes
it has to be a reason right which is a
performance that was going to be done by
the other party that was receiving them
like let's say I wrote a check for
$10,000 maybe fix my roof we don't have
a green contract my gave me ten thousand
you depositing a business account and
then you were gone I can get in front of
judgment judge sure we don't have a
great country it was an oral agreement
between the parties which we don't have
we have a person saying and this person
table she's gonna probably deny however
there's this check now sweetie why would
somebody write a check to this person
for no reason they're actually some
reasons behind it right
and at the very least restitution give
back the check there was no contract
sure there's restitution which means no
if the part isn't we even have a
contract when there still prove that I
unjustly enriched these are turns legal
terms are unjustly enriched this person
this person needs to repay me for the
enrichment that have given to them all
the u-turns it sounds kind of unique in
not common but they're all terms that
would be using in court those things are
ways to prove a oral contract also you
can also argue a contract by performance
like hey I performed I gave me this
check and you didn't deny it you didn't
deny this check you put it in your
account you cashed it and then
subsequently you fell and don't believe
it so I performed my I performed the
specific performance in the case which
mine in my situation is to give you
money and your situation is to fix my
look straight clear and no that's you
should deny me and said hey I'm a
contractor I'm not taking your money I'm
not fixing your roof so those are
arguments to try to enforce an oral
contract or even just get money back
from the world country situations may
arise when there's cash and it makes it
even harder
so with that you look at text you know
communications or some phone calls and
various things like that but it's
definitely hard I've won cases based on
cash it's hard it's real hard but we
were fortunate enough to have some kind
of recordings and various things that
were able to kind of like explain away
what the agreement was to the point
where the judge was like you know what I
believe in fate so those are things to
consider definitely when you're trying
to see if you can enforce an oral
country it's very possible it's more
possible most people think and also the
people who are you know swin doing these
individuals also think oh there's
nothing written down strong and it's not
as simple as that and of course you know
however there are situations where it
prevents your bar is an affirmative
defense
it's called statute of frauds so there
are limits of what you can argue Islamic
country so over case law over the US law
any contracts oral or passed me any oral
contracts that deals with real estate is
known void any sale or purchase of land
has to be in writing that's just a law
any
contracts that also cannot be performed
over a whole year over 300 days it would
take longer than that also are going to
have to be in writing you cannot be an
oral contract if there's an oral
contract it doesn't matter isn't even
gonna apply it no avoid as an initial
which means in land at at the start so
those are preventing things more
contracts however these other let's say
construction or others various contracts
they are possibly possible and you have
enough evidence check text messages the
actual performance of whatever it is
let's say you're the only way you're
throwing a person's house and you okay
me afterwards and you start buying
shingles and you start putting shingles
I'm people gross you started it and they
just pay you and then now you know
you're sniffed out of it and you would
want to sue them for it and you have a
contract but however you have proof of
your performance of this country and the
courts aren't stupid you're not gonna be
like why would you be putting a roof on
somebody's house for free you know
you're in the business I suppose so
those things usually are not for judges
to ruin your favorite however depends on
what the other side is gonna argue and
say as well but it's not as simple as
northing written no contract no it has
to be all right sure there's nothing
written there must have been something
said because of all these things
happening afterwards so that's what
usually considered so hello youtube I
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