Court Uncourt Magazine - Volume V - Issue 8

In this issue

You are propositioned by your neighbor to fix your garage, and you say “Fine, I will let you know”. Unbeknownst to you, your neighbor starts fixing your garage. Can your neighbor hold you accountable? Will you be liable for the oral commitment you made to your neighbor? Was there detrimental reliance in your words and actions? Can an oral promise be enforceable in courts? Did you say or do something that would believe the other person that there is a ‘promise’ or a ‘deal’? Despite popular belief, oral contracts are enforceable by law. However, it is a complicated process to prove that an oral contract took place. It is a fundamental principle of the law of evidence that whoever asserts must prove. The person who claims that there was a contract has the burden of proving it. Promissory estoppel is a concept of law that a promise is enforceable by law, regardless of whether it was made with or without formal consideration. If a person promises something to another person who then relies on such promise to his subsequent detriment, that promise can be considered enforceable by law. Statute of Frauds, provides the basis for written contracts. There are some categories that are mentioned in the Statute that cannot be orally enforceable.