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Technically, the answer is yes. Although the agreement is not in writing, you may be able to file a lawsuit if another party breaches a verbal contract. However, many oral contract cases turn into ?he said, she said? situations, which can be more challenging to prove than cases with clearly defined terms on paper.
Wisconsin law recognizes oral agreements provided there is a definite and certain promise with a meeting of the minds as to essential terms. Grass and Home have a valid and enforceable oral agreement if in fact there was assent as to all material terms.
Oral contracts are enforceable in Wisconsin if they include explicit and definite terms, all the elements of contract formation, and can be performed within one year. If the contract is for longer than one year, it must be in writing.
What makes a contract binding is the presence of four elements: an offer, acceptance, consideration, and a lack of defenses that would prevent the formation of a contract. For certain types of transactions, the agreement must also be in writing.
(1) An action for breach of any contract for sale must be commenced within 6 years after the cause of action has accrued. By the original agreement the parties, if they are merchants, may reduce the period of limitation to not less than one year. The period of limitation may not otherwise be varied by agreement.
Put simply: yes. From a legal standpoint, verbal contracts can be just as valid as written contracts. There are, of course, nuances and exceptions, and a verbal contract may be much more difficult to enforce in court should something go wrong.
Under Wisconsin law, a breach of contract claim has three elements: (1) formation of a valid contract; (2) breach; and (3) damages caused by that breach.