LAW 122 Lecture Notes - Lecture 8: Oral Contract, South African Contract Law, United States Administrative Law
Document Summary
Roger is a successful businessman who, as he is too cheap to pay for a lawyer and too lazy to review documents, prefers to enter into oral agreements with his customers. There is no requirement that contracts be in writing; an oral contract is as enforceable as a written one. The issue with oral contracts, however, is that it is difficult to prove what the express terms in such contracts are. Express terms are those terms that the parties expressly agree to include in a contract. With oral contacts it can (unsurprisingly) be difficult to prove what those terms actually are. See page 213 of the textbook for a discussion of these issues. Answer 2: false some statues can trump whatever the parties to a contract agree to. Misrepresentations made before a contract is entered into can be actionable if they induced a party to enter into the contract: true.