Legal Question in Business Law in California

i gave a verbal agreement to purchase travel tickets am i responsible to pay now?


Asked on 9/01/10, 9:45 am

2 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

Oral contracts are enforceable

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Answered on 9/06/10, 10:22 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, verbal contracts (more correctly called oral contracts) are valid and enforceable unless some law requires the contract to be in writing. The general policy of the law is to enforce agreements if it can be proven that an agreement was made.

Among the laws that require a writing is Civil Code section 1624.5 which says that a contract for the sale of personal property cannot be enforced beyond $5,000 unless there is written evidence of the existence of the agreement. I suppose tickets for a world cruise could exceed this amount, but you could still be sued for up to $5,000.

The Commercial Code (at Section 2201) requires most contract for the sale of goods over $500 to be in writing, but as I see it, travel tickets are not "goods," they are just pieces of paper exchangeable for a service (transportation).

So, I'd say the ticket seller can insist on payment. Keep in mind, however, that most carriers have refund policies, sometimes enforced by the rules of regulatory agencies.

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Answered on 9/06/10, 10:32 am


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