Dictionary of Law
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oral contract :: legal definition


Oral contract - n. an agreement made with spoken words and either no writing or only partially written. An oral contract is just as valid as a written agreement. The main problem with an oral contract is proving its existence or the terms. As one wag observed: "An oral contract is as good as the paper it's written on." An oral contract is often provable by action taken by one or both parties which is obviously in reliance on the existence of a contract. The other significant difference between oral and written contracts is that the time to sue for breach of an oral contract (the statute of limitations) is sometimes shorter. For example, California's limitation is two years for oral compared to four for written, Connecticut and Washington three for oral rather than six for written, and Georgia four for oral instead of 20 for written.

See also: agreement contract and Related Law Terms ↓


Related Law Terms

acceptance :: n. 1) receiving something from another with the in ... ered into. See also: contract offer
addendum :: n. an addition to a completed written document. Mo ... proposals or included fraudulently.
agent :: n. a person who is authorized to act for another ( ... issues. See also: agency authority
amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
bargain :: n. 1) a mutual agreement or contract between two p ... o: agreement consideration contract
common law :: n. the traditional unwritten law of England, based ... plied without reference to statute.
contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract
counterpart :: n. in the law of contracts, a written paper which ... rent localities. See also: contract
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner
party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement.
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation.
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
surrebutal :: n. in written or oral legal argument, the response ... h until the judge stops the debate.

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - O

O.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizance
O.S.C. :: n. short for order to show cause. See also: order ... ause. See also: order to show cause
oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury
obiter dicta :: : (oh-bitter dick-tah) n. remarks of a judge which ... imply dicta. See also: dicta dictum
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
obligation :: n. a legal duty to pay or do something. ... legal duty to pay or do something.
obligee :: (ah-bluh-jee) n. the person or entity to whom an o ... ne to be paid on a promissory note.
obligor :: (ah-bluh-gore) n. the person or entity who owes an ... who must pay on a promissory note.
obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography
obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime.
occupancy :: n. 1) living in or using premises, as a tenant or ... ining ownership. See also: occupant
occupant :: n. 1) someone living in a residence or using premi ... gain ownership. See also: occupancy
occupation :: n. 1) fairly permanent trade, profession, employme ... of real property or use of a thing.
occupational disease :: n. an illness resulting from long-term employment ... tion for a work-related disability.
occupational hazard :: n. a danger or risk inherent in certain employment ... e of death or injury while at work.
occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption
of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence.
off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar
offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant