Oral contracts exist in Texas and are legally applicable if they meet the necessary legal requirements and specificities. An oral contract must be given due consideration between the two parties in order to make it binding. Appropriate consideration is defined in two ways: (1) a mutual exchange [negotiated for the exchange] or (2) having a legal value [an individual must do something he is not legally required to do]. If both parties are subject to appropriate arbitration and meet all other legal conditions, an oral contract may be valid in court. The application of an oral contract is ultimately directed at communication between the parties and the acts and circumstances surrounding such communications. Suppose a contractor offers to paint your house for $5,000, and you agree. The work is expected to last between three and six weeks. If you pay the contractor on the basis of this oral contract, you can enforce the contract in court, as it is properly considered and can be executed within one year. A classic example taught in Law Schools is a contract in which a man paid his nephew not to drink alcohol for a while, in the hope that the nephew in business would become more serious. Since the nephew could drink legally, his renunciation of that right was considered a valuable consideration. Verbal contracts in Texas are limited. Suppose an entrepreneur wants to paint the outside of your home. You decide to pay the contractor seven thousand to paint the outside of the house and the work will take about 3-8 weeks.
If you have an oral contract with the painter and you pay for it, this could be legally applicable to the court. The oral contract with the painter is not invalidated by a provision mentioned above in the fraud regulation. It is a contract for the service, less than a year old, and the fair consideration was given with the payment of seven thousand dollars. In the ancient West, as popularized on the HBO show Deadwood, handshake chords were sometimes sealed by a “spit swear” where the parties spat in their hands before shaking. This method was considered the more civilized version of a previous “blood seids” in Europe. However, there are cases where an unwritten contract can, for the most part, go wrong. Although it is always better to get things in writing, you should be sure. Under Texas law, some oral agreements can be considered legally binding. Ideally, trade agreements should be written. Written contracts are the legal ounce of prevention that gives much more than a cure book. Despite the general applicability of oral contracts, Texas law – including the Texas Statute of Frauds – requires certain cases in writing. With a few exceptions, the following agreements must have a written contract to be enforceable: if a person has broken a handshake contract or an oral contract with you, you need a Texas lawyer who can help you gather all the critical evidence of the existence of the contract and who knows the law of the Handshake contract and the oral law of the contracts.
Contact Seth Kretzer online today to agree on a free consultation. With or without writing, if these elements can be proven, a plaintiff who believes that a legal contract has been violated has the right to bring a violation of the verbal agreement or a violation of the agreement in the Texas Court of Justice if the claim is less than US$10,000 and in the Texas District Court if the claim exceeds $10,000.