What is Contract Enforcement?

947 Words Feb 2nd, 2018 4 Pages
Determining whether an agreement is truly legally binding can be complicated, especially in the various informal contexts which arise between private citizens. So is this complexity at the center of the present case scenario. This relates to a conflict between an aspirant seller and a prospective buyer of a used automobile and centers on the implications of an informal oral agreement. One of the first conceptual issues which must be resolved is the question regarding the enforceability of a contract that has been essentially created through two different media. That is, the process of oral negotiation, ultimately concluded with two overlapping emailed correspondences, invokes a question as to the degree that such contracts are legally binding. According to Taylor (2010), an oral agreement is defined as "an agreement made with spoken words and either no writing or only partially written. An oral contract is just as valid as a written agreement. The main problem with an oral contract is proving its existence or the terms. As one wag observed: 'an oral contract is as good as the paper it's written on.' An oral contract is often provable by action taken by one or both parties which is obviously in reliance on the existence of a contract." (Taylor, p. 1) In the present case, it is not entirely clear that a contract has been entered into inherently by virtue of the…