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To win the case, the aunt must prove with evidence that her nephew lent the money with the intention of repaying it, while the nephew must prove that he did not accept. Without the documentation of the agreement, it will be a matter of er-she-said. In the end, it is a judge who decides which case is most likely of the party. 3. When you discuss an agreement, you make it clear what you are doing and do not intend to be bound by your discussions until a final agreement has been reached. If an oral contract does not interfere with one or more elements of a valid contract, it is likely that a court will declare the agreement inconclusive and unenforceable. Many states have written provisions for certain treaties that believe that oral agreements are insufficient. Oral contracts are generally considered to be valid as written contracts, although this depends on the competence and often the nature of the contract. In some legal systems, certain types of contracts must be drafted to be considered legally binding. For example, a real estate intermediation contract must be drafted as legally binding. Oral agreements between two parties are as enforceable as a written agreement. All they have to do is meet the requirements of a valid contract. If the contract meets the requirements of a contract, both oral and written agreements are applicable.

A written contract defines the terms of the agreement – which severely limits a party`s ability to claim something else after the fact. Contract law recognizes the superiority of written or oral agreements by a provision known as the „doctrine of the four corners.“ The rule is that in the event of a dispute between the written contract and the alleged verbal terms made by the parties, the words written within the four corners of the written document page govern the agreement. Otherwise, the courts would be occupied by parties who attempt to negotiate contracts outside of the written document originally signed retroactively. The validity of the consideration may be subjective and is generally determined on a case-by-case basis according to the content of the alleged contract. Perhaps the most critical element in deciding whether an agreement is an enforceable contract is whether or not there is a reflection. Reflection means that each party must exchange something valuable. Without consideration, the exchange is a gift between the parties and not a contract.