Instructions: · Need a 4 page paper answering the question: Discuss the enforceability of oral versus written contract. Which form of contract is more attractive and practical for the business...

Running Head: ENFORCEABILITY OF ORAL VERSUS WRITTEN CONTRACT    1
ENFORCEABILITY OF ORAL VERSUS WRITTEN CONTRACT             2
ENFORCEABILITY OF ORAL VERSUS WRITTEN CONTRACT
Table of Contents
Introduction    3
Enforceability of Oral Contract versus Written Contract    3
Identifying the More Attractive and Practical Contract Form for Business with Justification    4
Advantage of Written Contract over Oral Contract    5
Advantage of Written Contract over Verbal Contract    5
Basis for Rationale of Above using the Law and Individual Rights    6
Conclusion    6
References    8
Introduction
This paper is based on the USA legislation. The purpose of this paper is to compare and contrast the enforceability of oral and written contracts. It aims to compare, which contract type is most appealing and useful for businesses and whether there a benefit to one of the two forms over the other or not. Further, it will identify those benefits and discuss the rationale for relying on the law as well as individual rights based on the legal theories. The bases will also be the process as well as demonstrating knowledge of legal theory and procedure.
Enforceability of Oral Contract versus Written Contract
Most people assume that in exchange for an agreement to be legally binding, it must be written. This is a fabrication. A contract can be formed only based on spoken words or by the parties' actions. Even when there is no paper, the essential contract criteria of offer, agreement and consideration must be satisfied. The parties must also be competent to enter into the contract and consent to it.
Many contracts are drafted in such a way that all contract parties are aware of what has been agreed upon and what is expected of them. The fundamental distinction between an oral and a written contract is that an oral agreement is more difficult to prove than a written contract. The agreement is more certain, clear and definitive when it is written down (Jeong & Cullen, 2017).
Under Massachusetts law, both verbal and written contracts are enforceable, although in many cases, verbal contracts are more difficult to enforce. The court has to be able to grasp and know the basic provisions of the contract in order to enforce it. People can prove the terms of an oral contract and establish that it was broken with the aid of skilled defense advisers.
Identifying the More Attractive and Practical Contract Form for Business with Justification
Even though the...