when are oral contracts in the US enforceable by law?
92520
In Black’s Law Dictionary an Oral Contract is defined as:\n\nOne which is partly in writing and partly depends on spoken words, or none of which is in writing; one which, so far as it has been reduced to writing, is incomplete or expresses only part of what is intended, but is completed by spoken words; or one which, originally written, has afterwards been changed orally.\n\nIn short, such a contractual dispute would go before the law (court, mediator, magistrate, etc.) and that which could be proven as agreement between the parties to the contract )written or oral) would be the rule.  There are other factors , but if you can demonstrate to the court that there was a “meeting of the minds” it can be inforced.
666988
In Pennsylvania, intentional torts are subject to a two-year statute of limitations. 42 Pa.C.S.A. § 5524 \n\nHowever, I do not see you have a case.
899469
Try http://www.law.upenn.edu/library/ulc/ulc.htm
428585
In most states there is no statute (law) to regulate this.\n\nRegardless it should be spelled out in your contract.\n\nIt's a shame that so many people get burned by photographers who want to leverage their position over you.  I wish explicit contracts were required in every state.
612043
As long as the contract is legal and binding (for example, the parties involved were of legal age to enter into a contract), then yes, the transaction is done and either party can be sued for non-performance or breach of contract if needed. \n\nThe above is of my opinion based on my experience and knowledge as a California real estate mortgage broker and investor. I suggest you seek legal advice from a lawyer who specializes in real estate law.\n\nRegards...
881149
the law says there has got to be a clear understanding between the parties written or oral, then an agreement made between the parties , it is by far best if it is a written agreement, and a lot easier to prove,
567636
Dear Friend,\n\nThe answer is #5.  E-mail contracts are written contracts.  They are valid under the same conditions as would be paper contracts.  Signature is not required, there is no maximum dollar amount, and it doesn't matter whether the contract is for goods or services.  A deal is a deal.\n\nYour Friend,\nFrancesois
345396
The easement is not enforceable because it is not part of the public record.  The only way it would be enforceable is if C can prove that D had "actual knowledge" of the easement.
94691
Covenants not to compete are usually enforceable, but they must be reasonable in all respects.  I have no knowledge of an outright ban on non-compete clauses in AL.  I do not practice there, but it would be unusual for a state to disallow them completely.\n\nGenerally, to be valid, these clauses must be reasonable with respect to time and geograpic limitations.  For example, a noncompete clause for a pest control company in AL will probably not be allowed to bar your working for another pest control company in California.  In addition, it would probably not be valid if it sought to prevent your working in the industry for the next 20 years.  You get the idea.\n\nNo one wants to hear this, but your best bet (and probably your only reasonable recourse) is to speak to an attorney in your area about this.  I can give you the general propositions of law with respect to these agreements, but I cannot and I do not advise you with respect to your specific situation.\n\nHope this is helpful.  Good luck.
276500
In most states, the statute of limitations is based on the type of claim, not the court where it will be filed.  California has a 4 year statute for breach fo written contract and 2 years for breach of a verbal contract.  It doesn't matter if the case can be filed in small claims court or not.
1021149
YES!  The contract itself may be completely enforceable in every other respect, but this penalty would be obviously unenforceable.  Though other respondents seem somewhat knowledgable, they apparently forget the basic rule of contract law that, where an unenforceable provision is not material to the agreement itself (and a penalty provision never is), the offending provision is removed or ignored, but the rest of the contract remains in effect and can be enforced.  In fact, many contracts contain language that specifically announces this, but it remains a rule of contract construction even where that language is not found.\n\nNote this difference: if the purpose of the contract were unlawful, like if hanging yourself was the thing you agreed in the contract to do, then the entire contract would be void, because a legal contract can not be formed for illegal purposes or contemplating illegal conduct (such as hanging yourself or someone else).  In your case, though, you say that hanging is the penalty you would have to pay for failing to perform your obligations under the contract. which are obviously something other than hanging yourself.  Penalty provisions in contract law are generally unenforceable even when they're not crazy, but they can be removed without affecting the underlying contract.\n\nPLEASE NOTE that this is not intended as an opinion on Montana law specifically, because such advice can only lawfully be provided to you by a licensed Montana attorney.
220229
While it varies from state to state you have a certain time in which you can legally back out of a contract without penalty to yourself.  This is done for consumer protection against an over zealous salesperson that may push you along into agreeing to the transaction.
145261
It sounds like a contracts issue.  Well an oral contracts issue.  So you might want to get a contracts lawyer or maybe even a torts lawyers since it appears that there might be fraud.  But there might be an issue of the statute of limitations running on the case so you might want to have your friends contact a lawyer immediately to preserve their rights.
195928
The link below has a chart with each state's statute of limitation.\n\nGenerally, credit card's are considered oral contracts.  Mortgages and loans are written, and generally have a longer SOL.
772538
First, a stipulation agreeement is basically a contract. And it is just as enforcible as any other contract.\n\nAs far as the code sections you cited, that basically involves waiving the statute of limitations during the legal procedure. In other words, neither side can claim that the other one acted too slowly and lost their chance at court. Basically, it just preserves everyone's day in court.\n\nAs to whether it is fair, it's a contract. Not all contracts are fair. That doesn't necesssarily get you off the hook.
204610
There are legal aspects that depends on your state´s legislation.  However, breaking a contract as a consensus decision is a process that always involve a lawyer.
141824
In the state of Ohio, the limitation ranges from 6 years for oral agreements to 15 years for written (including Promissory Note). Note that "open accounts" which are credit card debts, have had some changes as a result of the recent Bankruptcy Reform Act\n\nThe following link will give you more information about the Statute of Limitations by State