Legal Question in Civil Litigation in New York

Oral Agreements

how could you prove the existence and terms of an oral agreement if there were no third party present to overhear the agreement?


Asked on 2/16/05, 12:48 pm

3 Answers from Attorneys

Re: Oral Agreements

You would use testimony of one or both parties. If there is a dispute, then the court can consider the credibility of each witness.

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Answered on 2/16/05, 1:02 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Oral Agreements

You can show that one or another party acted or resisted an action that otherwise would be unreasonable in the absence of an agreement between the parties.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 2/16/05, 3:02 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Oral Agreements

It depends on the type of contract.

A contract for services,can be proven by partial performance; you offer testimony that you performed work pursuant to to an oral agreement, that it is something you wouldn't normally do absent payment, and if you aren't paid then the other party will have been unjustly enriched.

As a general rule however, all contracts should be in writing to be fully enforced.

The statute of frauds is a complete defense to agreements regarding the loan of money in an amount over $500.00. Real Estate can't be conveyed absent a written contract. There are special rules for credit agreements etc.

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Answered on 2/16/05, 4:50 pm


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