It's Better to Have It in Writing
From LawDepot Law Library
Contents |
It's Better to Have It in Writing
A question that people often have about legal documents is: why do I need a written contract? While it's true that oral contracts are legally binding in most situations, having a written contract is always better, for a number of reasons. Here are a few of those reasons.
Oral Contracts are Difficult to Prove
The primary reason for putting a contract is writing is that written contracts are much easier to prove than oral contracts. While oral contracts are, usually, legally binding, if someone fails to live up to their end of the agreement, it is incredibly difficult to prove in court.
To avoid a case of "your word against his," put your agreement in writing. Providing a written document outlining the details of a contract will make sure that the courts are able to quickly and accurately assess the situation.
Oral Contracts are Difficult to Remember
Sometimes, when a person violates the terms of an agreement, it is because they misunderstood or forgot some detail of the contract. This can occur even when a contract is written down, but it is more common when working with an oral agreement.
If someone forgets the terms of a written contract, they can simply consult the physical document and re-read the details. If no written contract exists, then the only thing the parties involved can rely upon will be their memory. Given how faulty human memory can be, this is not an ideal situation.
To avoid unintentional violations of the contract, and to avoid reliance upon memory, put your agreement in writing.
Oral Contracts are Expensive
Because they are more difficult to prove, court cases involving oral contracts can take longer to sort out, resulting in lost time and greater legal fees for all parties involved. Even if the case doesn't take longer than it would with a written contract, the outcome may not be to either party's satisfaction.
Without a written document to use as a guide, a judge will be forced to list to a case of "your word against mine" and do her best to determine who is in the right and who is in the wrong. While judges deal with this sort of thing all the time, especially in small claims court, it is inevitable that they will sometimes render decisions that would have been different had a written document been presented to the court.
When compared to the amount of time and money that can be lost resolving a case involving an oral contract, the fees required to have a written document drafted are negligible. By using LawDepot to draft your documents yourself, rather than hiring a legal professional to do it for you, you will enjoy significant savings and protect yourself from the complications of relying on an oral contract.
