In the world of business, contracts are an essential tool for solidifying agreements between parties. Contracts often serve as a safeguard for both parties, ensuring that each party understands their obligations, rights, and responsibilities. However, what happens when a contract is not in writing, despite the law requiring it to be so?
The rule of thumb is that contracts that are required by law to be in writing are deemed unenforceable if not written. A contract can be considered to be legally valid when it satisfies the essential elements required for the specific type of agreement. For instance, contracts for the sale of goods valued over $500 must be in writing to be enforceable under the Uniform Commercial Code.
So, if a law requires a contract to be in writing, then it is crucial to ensure that the contract meets the necessary criteria before the parties involved proceed with the agreement. This is because, without a written contract, the parties may find themselves in a difficult position if a disagreement arises, and legal intervention is needed to resolve the dispute.
There are certain exceptions where an unwritten agreement enforced by a court of law might be considered valid. For example, in some cases where verbal agreements are impossible to perform without evidence of the agreement, the court may enforce those contracts despite the lack of written documentation. However, these exceptions are rare, and it is always better to have a written contract in place.
A written contract provides evidence that both parties have agreed to the same terms and conditions. Such a contract serves as proof of the agreement signed between the parties concerning the specifics of the deal. It also helps to prevent unnecessary misunderstandings that can arise when two parties rely on verbal agreements.
In conclusion, the law requires certain contracts to be in writing to ensure their enforceability. If a contract is not in writing, the contract may be deemed unenforceable. To prevent such an eventuality, ensure that contracts that require written documentation are put in writing, properly executed, and maintained for record-keeping purposes. This can be the key to avoiding legal disputes and ensuring that agreements are properly executed. A poorly written or undocumented contract could mean disaster in the event of a disagreement. Ensure that your contracts meet the required format so that you can rest easy knowing that your business agreements are secure.