North Carolina Complaint for Breach of Verbal or Oral Contract
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How to fill out Complaint For Breach Of Verbal Or Oral Contract?
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FAQ
The fact that a verbal contract is valid under North Carolina law does not necessarily mean that the courts will enforce it. The aggrieved party will need to have proof that a verbal contract was in place. This proof could take the form of witnesses, phone records, emails, or letters.
Can a Verbal Agreement Override a Written Contract? The short answer is no. An agreement in writing is almost always easier to enforce than an oral one. Verbal agreements can be very hard to prove; unless you recorded the agreement, it can be hard to prove the agreed terms in court.
These include: Evidence to the court of the plaintiff's performance of services called for in the contract. Proof of any money exchange showing a deal was made. Proof of a loan and payments. A check written as a down payment or deposit. Witnesses present at the time the agreement was made.
You might want to offer some type of consideration to cancel. But whatever you do, make sure that you cancel the contract, and that you do so in writing and that it's mutually agreed to by the other party. You don't want to do anything verbally because that individual, the other party, can come back and sue you.
Most commercial contracts include a provision that the contract may not be amended except in writing and signed by the parties. Such provision is known as a 'no oral modification' or 'NOM' clause. The aim is to prevent informally, and perhaps inadvertent, oral variations being made to the contract.
If you have a valid verbal agreement, you can prove it in court by using evidence of the agreement. This could include testimony from witnesses who heard the agreement being made, or any written documentation that refers to the agreement.
In order to establish breach of contract, a plaintiff must establish: 1) a valid and enforceable contract; 2) performance by the plaintiff; 3) breach by the defendant; and 4) injury arising as a result of defendant's breach.
A verbal agreement is legally valid provided that the basic foundations of a binding contract are in place. However, there are cases where a physical written contract is necessary for the agreement to be legally-binding, irrespective of whether or not an oral agreement contains all of the elements of a contract.