oral contract

Thân thiện

Two businesspeople shake hands after reaching an oral contract.

Definition

Noun: 1. A spoken agreement: An oral contract is a legally binding agreement made through spoken communication between parties, without a written document. 2. A type of enforceable promise: It is a real and existing contract where the terms are agreed upon verbally. Its enforceability in court can be limited because it lacks written proof, except in specific situations defined by law (such as the "statute of frauds").

Usage Examples

• Noun:
  • They had only an oral contract for the sale of the car, which led to a dispute later.
  • While an oral contract can be valid, it is often difficult to prove the exact terms without witnesses.
  • The court recognized the oral contract based on the testimony of both parties.

Advanced Usage

• "To be bound by an oral contract": To be legally obligated by the terms of a verbal agreement.
  • Despite the lack of paperwork, the supplier was still bound by the oral contract.
• "To enter into an oral contract": To make a verbal agreement.
  • The two companies entered into an oral contract over the phone.

Variants and Related Words

• Oral (adj): Spoken, using speech.
  • She gave an oral presentation.
• Contract (n): A formal, legally binding agreement.
  • He signed a contract for the new job.
• Verbal agreement (n): A common synonym for an oral contract, though "verbal" can technically include written words, whereas "oral" specifically means spoken.
• Parol contract (n): A legal term synonymous with oral contract.

Synonyms

• Verbal agreement: An agreement made in words, spoken or written (though often used interchangeably with "oral").
• Spoken agreement: An agreement made through speech.
• Handshake deal: An informal agreement sealed with a handshake (implies an oral contract).

Related Phrases

• Statute of Frauds: A legal rule requiring certain types of contracts to be in writing to be enforceable. An oral contract for the sale of land, for example, typically falls under this statute and is not enforceable.
• Breach of contract: The violation of a contractual obligation, which can apply to both written and oral contracts.

Notes on Usage

• An oral contract is a specific type of contract. The key distinction is its form (spoken, not written), not its core nature as a binding agreement.
• The enforceability of an oral contract depends heavily on jurisdiction and the subject matter of the agreement. It is generally riskier than a written contract due to the potential for misunderstandings and lack of clear evidence.

Học thuật

Noun

1. an agreement that is not in writing and is not signed by the parties but is a real existing contract that lacks only the formal requirement of a memorandum to render it enforceable in litigation