Breach of Oral Contract

South Florida Breach of Oral Contract Litigation and Arbitration Attorney

Oral contracts are enforceable in the State of Florida. To state a cause of action for breach of an oral contract, a plaintiff is required to allege facts that, if taken as true, demonstrate that the parties mutually assented to “a certain and definite proposition” and left no essential terms open. Thus, an oral contract is subject to the basic requirements of contract law such as offer, acceptance, consideration and sufficient specification of essential terms. Finally, a party who asserts an oral contract must prove its existence by a preponderance of the evidence.

Acceptance is the last act necessary to complete the oral contract. An acceptance is an overt manifestation of assent to the terms thereof made by the offeree in a manner invited or required by the offer.

The consideration required to support a contract need not be money or anything having monetary value, but may consist of either a benefit to the promisor or a detriment to the promise. It is not necessary that accrue to the person making a promise. It is sufficient that something of value flows from the person to whom it is made, or that he suffers some prejudice or inconvenience and that the promise is the inducement for the transaction.

In order to state a claim for the breach of an oral contract, the aggrieved party must show three elements: (1) a valid contract; (2) a material breach; and (3) damages.

Please keep in mind that the above information is being provided for educational purposes only. It is not designed to be complete in all material respects. Thus, it should not be relied upon as legal advice. If you have any questions concerning the contents of this post, please feel free to contact us for you free initial consultation.

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