An express oral agreement is a type of contract that is formed through spoken communication between two or more parties. These agreements do not require a written document to be legally binding and can be enforced in a court of law.
Despite their validity, express oral agreements can be difficult to prove in court. This is because the terms of the agreement are not documented in writing and may be subject to misinterpretation or misremembering. As such, it is important for all parties to be clear and concise in their communication to ensure that the terms of the agreement are understood and agreed upon.
To increase the likelihood of enforcement, express oral agreements should include specific details about the terms of the agreement, such as the scope of work to be performed, payment terms, and a timeline for completion. Additionally, it is helpful to have witnesses to the conversation, or in some cases, written documentation such as emails or text messages that can support the existence and terms of the agreement.
It is also important to note that not all contracts can be created through express oral agreements. Some contracts, such as those related to the sale of real estate or goods over a certain value, require written documentation to be legally enforceable.
In summary, express oral agreements can be legally binding and enforceable, but they require clear communication and potentially additional evidence to prove their existence and terms. As always, it is best to consult with a legal professional to ensure that your particular agreement is valid and enforceable.