Oral Contracts

News & Analysis as of

Does A Director Have A Contractual Right To Compensation?

Yesterday, I wrote about stockholder challenges to director compensation. Today’s post considers what happens when a director joins a board. When someone is invited to join a board, she may ask about compensation. The...more

Business Law Newsletter - May 2014

In This Issue: - Enforcing Oral Contracts: The Presumption is Against You - You’ve Been Served... A Lawsuit Via Facebook?!?! - Excerpt from Enforcing Oral Contracts: The Presumption is Against...more

Enforcing Oral Contracts: The Presumption is Against You

Oral contracts are often difficult to enforce because the facts are contested or remembered differently. The age-old admonition to “get it in writing” is as valid today as in the days of scriveners with quill pens. David...more

If It’s Not In Writing, It Didn’t Happen: Oral Promises To Modify A Loan Are Not Enforceable

A recent decision issued by the California Court of Appeal will make it more difficult for plaintiffs seeking to avoid foreclosure. In Rossberg v. Bank of America, N.A., 219 Cal.App.4th 1481 (4th Dist. 2013), the California...more

Oral Transfer Of An Immovable Is Established In Louisiana

In Louisiana, in order to have a valid oral transfer of immovable property under Civil Code Art. 1839, two requirements must be met: Delivery must be actual—physical possession must be in the transferee who claims...more

But My Chinese Business Partner and I Have Done Business on a Handshake for Years...

Wouldn’t It Be a Terrible Insult for Me to Insist on a Long and Expensive Contract at This Point? How Can I Insist on a Contract Now and Not Lose Face or Cause My Partner in China to Lose Face and Not Damage This Important...more

Florida Adopts New Standard Jury Instructions for Contract and Business Cases

Florida’s Supreme Court recently adopted new standard jury instructions for contract and business cases. The instructions, drafted over a period of six years by a committee of Florida trial and appellate lawyers and judges,...more

Playing Offense Now to Avoid Playing Defense Later

On draft day, athletes often surround themselves with their family and friends who have supported their professional aspirations. These people are likely celebrating the day their athlete signs a lucrative contract, some of...more

Business Practice Pointer: Avoiding Verbal Agreements

Many of the business disputes our clients face are the result of a misunderstanding or miscommunication concerning the parties’ respective obligations under a given contract. While many startups or entrepreneurs may not...more

Revoking an “Implied” Software License

A license can be granted without any written agreement. It happens more often than you might think. For example, a license by verbal agreement and a “course of conduct” was granted by one party in the case of...more

UK Employment Alert No 210: Bonuses: Announcements at Town Hall Meetings Can Create Enforceable Individual Contractual...

In Dresdner Kleinwort and Commerzbank v Attrill & others, the Court of Appeal of England and Wales has upheld a High Court decision that 104 former employees were contractually entitled to bonuses totalling more than £50...more

Lenders Beware - Oral Statements may Trump Written Agreements

The California Supreme Court recently held that a borrower may rely upon oral promises to support a fraud claim against its lender even when such oral promises contradict the written agreement....more

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