Question:

A enters into oral contract with B. A promised to sell computer to B for $300.?

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A enters into oral contract with B. A promised to sell computer to B for $300. Before B takes possession, is contract enforceable? by whom?

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  1. An oral contract is an agreement between parties that is either partly in writing and partly dependent on spoken words or that is entirely dependent on spoken words.

    An oral contract is enforceable unless its subject matter comes within the statute of frauds, an English law adopted in the United States, that requires certain contracts to be in writing. For example, a contract to sell real property, to be enforceable, must be in writing to comply with the statute. An oral contract to sell personal property for an amount less than that set in the statute does not fall within its limits and, therefore, is enforceable without being reduced to a writing. The Uniform Commercial Code (UCC) governs the enforceability of oral contracts in sales transactions involving merchants.

    With that legal mumbo jumbo stated, the contract is enforceable, but until it has been breached, why are you concerned whether or not it is enforceable.  Obviously someone is contemplating backing out of the contract. There is should be no question of enforceability unless and until the contract has been breached.  

    It is enforceable by the Court, but of course a lawsuit for breach of contract must be filed first.  


  2. A promise to sell, standing alone, is not an enforceable contract. It is merely an offer. Otherwise I could promise to sell you my house for $1 million and enforce it as a contract.

    There must be "offer," "acceptance," and "consideration" to have a valid contract.

    Contrary to what some people have written, oral contracts are indeed enforceable and very common in business. Oral contracts have a reputation as being "unenforceable" only because they're difficult to prove in the absence of signed documents.

  3. Yes it's enforceable by the courts.

  4. an oral contract means c**p. I have dealt with people like A before. they are called bullsh*tters

  5. Nope, verbal contracts, unless a third party is witness, is c**p. It's A's word against B's.  

  6. Most oral contracts are enforceable.  Problem is unless both sides tell the same story the judge has to figure out who is telling the truth.  Some things like real estate or contracts that cannot be completed within a year must be in writing.

    To be a contract there has to be consideration.  Unless B undertook some step towards the fulfilling the contract there is nothing to enforce.  

  7. its enforceable  once money is exchanged . so if B gives A 300 and then no computer is given B has a case  but if its all talk the court will feel like it a waste of time

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