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New Hampshire's principal consumer protection law is called "Regulation of Business Practices for Consumer Protection" but it is commonly known as the "Consumer Protection Act." The Consumer Protection Act is patterned after the Federal Trade Commission Act and, like its federal counterpart, the New Hampshire law ...
In order to state a breach of contract claim under New Hampshire law, a plaintiff must allege sufficient facts to show (1) that a valid, binding contract existed between the parties, and (2) that defendant breached the terms of the contract.
(See RSA 358-A, which should be available at your local public library or online) The New Hampshire Consumer Protection Act and the Federal Trade Commission Act, which served as the model for our state law, prohibit the use of any unfair or deceptive act or practice or any unfair method of competition in trade or ...
The law will enforce both oral and written contracts, but in most instances written contracts are preferable to oral contracts.
Put simply: yes. From a legal standpoint, verbal contracts can often be as valid as written contracts. They may be extremely difficult to regulate but you should find comfort in knowing that there are applicable state and federal laws that can help enforce such contracts and protect your legal rights.
A verbal agreement is just as legally enforceable as a written one. However, you will strike problems in proving the terms of the agreement. So, it will come down to a matter of evidence.
You may be sure you have an air-tight case, and you may be right, but a winning breach of contract lawsuit has four factors. Factor #1: A Well Written Contract. ... Factor #2: A Clear and Obvious Breach. ... Factor #3: Substantial and Identifiable Damages. ... Factor #4: A Defendant with Deep Pockets.
4 Elements of a Breach of Contract Claim (and more) The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.
There are typically four types of contract breaches: Minor breach. Sometimes referred to as a partial breach, a minor breach occurs when one party violates a portion of the contract but not the whole thing. ... Material breach. ... Anticipatory breach. ... Fundamental breach.
It's harder to prove what exactly the contract terms were if they are not in writing. However, it's not necessary to have the contract in writing in order for it to be legally enforceable. Mutual assent can be expressed by spoken words, gestures, or may be inferred from the context of the situation.