Verbal Contract

[bokaba]

What is the name of your state (only U.S. law)? CA

I know verbal contracts are valid in California as long as they don't fall within the statute of frauds or other code sections that specifically prohibit them. I was wondering how one goes about proving the existence of a verbal contract to the satisfaction of the court where there are no third party witnesses and the defendant is willing to perjure himself claiming there was no contract.

I know verbal contracts can be inferred from conduct and extrinsic evidence. Supposing, no such evidence or little evidence exists, how would one go about proving a contract one entered into? I understand this is certainly an uphill battle.

 

[justalayman]

sometimes you can't prove a contract. Those are the times you generally lose in court.

 

[sandyclaus]

What is the name of your state (only U.S. law)? CA

I know verbal contracts are valid in California as long as they don't fall within the statute of frauds or other code sections that specifically prohibit them. I was wondering how one goes about proving the existence of a verbal contract to the satisfaction of the court where there are no third party witnesses and the defendant is willing to perjure himself claiming there was no contract.

I know verbal contracts can be inferred from conduct and extrinsic evidence. Supposing, no such evidence or little evidence exists, how would one go about proving a contract one entered into? I understand this is certainly an uphill battle.

Without a written agreement, just about the only way to prove the existence of a contract is from conduct and other evidence of performance on that contract. The burden of proof falls upon the person bringing suit.

That means if you can't show that there was a contract, the judge isn't going to be satisfied that there is one.