Legal Question in Administrative Law in California

Are verbal contracts legal?

I agreed to a 12 month contract with a wireless telephone company, and they are pushing me around. I am unhappy with my service. Can I break my verbal contract with them without them legally charging me the 175.00 early termination fee?


Asked on 5/29/03, 2:07 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Are verbal contracts legal?

Verbal contracts (technically, "oral" contracts) are generally enforceable. Enforcement is hampered by problems of proving the existence and terms of such contracts. If the judge or jury believes the plaintiff, the plaintiff can get a verdict and judgment against the defendant.

There are two main classes of oral contracts that are not enforceable, or at least not easily enforced-- (1) contracts falling under the "statute of frauds" and (2) in California, contracts for sale of an interest in real estate.

The statute of frauds requires that "contracts that cannot be performed within one year" be in writing and signed by the defendant. Since your contract is for one year, the statute of frauds does not seem to apply.

Unless you have another defense, you are probably liable for the early termination fee.

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Answered on 5/29/03, 4:24 pm


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