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Naltea Clearwater? Oh Yeah! - Kurt deVries/FL
8/15/2005 12:15:36 PM (2324 views)
Re: Naltea Clearwater? Oh Yeah! - Robert Franco/OH
8/15/2005 1:27:14 PM (3080 views)
Re: Naltea Clearwater? Oh Yeah! - Matthew DeLand/NY
8/15/2005 3:09:32 PM (3035 views)

Ever had this happen to you? - SHARON YAHRAES/ID
8/13/2005 5:27:40 PM (2451 views)
Re: Ever had this happen to you? - J.T. Shoemaker/NY
8/13/2005 6:33:43 PM (3262 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/14/2005 9:10:36 AM (4603 views)
Re: Ever had this happen to you? - Julie Jasiunas/WI
8/14/2005 11:01:55 AM (3206 views)
Re: Ever had this happen to you? - David Bloys/TX
8/14/2005 1:14:49 PM (3240 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/14/2005 2:51:52 PM (3249 views)
Re: Ever had this happen to you? - J.T. Shoemaker/NY
8/14/2005 7:15:22 PM (3278 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/14/2005 9:24:14 PM (3071 views)
Re: Ever had this happen to you? - David Bloys/TX
8/14/2005 10:10:39 PM (3219 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/15/2005 6:24:02 AM (3237 views)
Re: Ever had this happen to you? - David Bloys/TX
8/15/2005 7:43:38 AM (3100 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/15/2005 9:37:39 AM (3003 views)
Re: Ever had this happen to you? - David Bloys/TX
8/15/2005 6:44:46 PM (3038 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/15/2005 7:28:15 PM (3065 views)
Re: Ever had this happen to you? - David Bloys/TX
8/15/2005 9:08:55 PM (4368 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/16/2005 5:52:36 AM (3237 views)
Re: Ever had this happen to you? - David Bloys/TX
8/17/2005 9:57:47 AM (4230 views)
Re: Ever had this happen to you? - Lisa Ramsey/TX
8/17/2005 10:09:42 AM (4381 views)
Re: Ever had this happen to you? - Scott Perry/PA
8/14/2005 6:01:13 PM (3218 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/14/2005 6:55:39 PM (3176 views)
Thank you so much!!! - SHARON YAHRAES/ID
8/14/2005 10:23:17 PM (3181 views)
Re: Ever had this happen to you? - Spencer Kinsey/AR
8/15/2005 12:11:54 AM (3088 views)
Re: Ever had this happen to you? - Lisa Ramsey/TX
8/15/2005 10:07:07 AM (2991 views)
Re: Ever had this happen to you? - Robert Franco/OH
8/15/2005 10:04:06 AM (2931 views)
Re: Ever had this happen to you? - Lisa Ramsey/TX
8/15/2005 10:23:25 AM (2978 views)
Re: Ever had this happen to you? - Robert Franco/OH
8/15/2005 10:52:42 AM (2979 views)
Re: Ever had this happen to you? - Kevin Ahern/CT
8/15/2005 12:07:39 PM (3120 views)
Re: Ever had this happen to you? - Matthew DeLand/NY
8/15/2005 12:19:50 PM (2993 views)
Re: Ever had this happen to you? - Lisa Ramsey/TX
8/15/2005 12:25:46 PM (3053 views)
Re: Ever had this happen to you? - Matthew DeLand/NY
8/15/2005 3:13:32 PM (3077 views)

Update to My Post of 08.05.2005 - Scott Perry/PA
8/13/2005 11:18:39 AM (2318 views)
Re: Update to My Post of 08.05.2005 - J.T. Shoemaker/NY
8/13/2005 6:36:33 PM (2984 views)

Police Mortgage? - Kevin Horan/PA
8/12/2005 11:17:13 AM (1980 views)

Next NALTEA Conference - Kevin Horan/PA
8/12/2005 11:09:01 AM (2305 views)
Re: Next NALTEA Conference - Jay Duncan/MO
8/12/2005 1:53:08 PM (2852 views)
Re: Next NALTEA Conference - Matthew DeLand/NY
8/12/2005 2:03:22 PM (2820 views)
Re: Next NALTEA Conference...Here is where we are staying - Jay Duncan/MO
8/12/2005 5:30:36 PM (2882 views)
Re: Next NALTEA Conference - Kevin Horan/PA
8/15/2005 12:41:07 PM (2732 views)
Re: Next NALTEA Conference - Matthew DeLand/NY
8/15/2005 3:01:35 PM (2869 views)


Real Title Services


New Interest - Gladys Brown/NC
8/11/2005 5:59:50 PM (2294 views)
Re: New Interest - Shannon Blatt/VA
8/11/2005 11:40:19 PM (2996 views)
Re: New Interest - Lisa Ramsey/TX
8/12/2005 7:23:56 AM (3047 views)
Re: New Interest - Kevin Ahern/CT
8/12/2005 9:33:38 AM (3201 views)
Re: New Interest - Gladys Brown/NC
8/12/2005 11:12:12 AM (2838 views)

HELP PLEASE! Fee problem - J Nisonger/CA
8/10/2005 5:07:11 PM (2402 views)
Re: HELP PLEASE! Fee problem - Kevin Ahern/CT
8/10/2005 5:43:23 PM (3076 views)
Re: HELP PLEASE! Fee problem - J Nisonger/CA
8/10/2005 8:34:25 PM (3083 views)

Policy Manual - Wendi See/SC
8/10/2005 1:05:21 PM (2032 views)

looking to expand - Gladys Brown/NC
8/10/2005 10:16:39 AM (2338 views)
Re: looking to expand - Markita Meeks/MI
8/10/2005 12:19:28 PM (3155 views)
Re: looking to expand - J Nisonger/CA
8/10/2005 4:57:14 PM (3414 views)
Re: looking to expand - Donna Grady/NC
8/10/2005 11:39:13 PM (3204 views)
Re: looking to expand - Shannon Blatt/VA
8/11/2005 12:09:12 PM (3087 views)
Re: looking to expand - Kevin Ahern/CT
8/12/2005 10:01:28 AM (3155 views)
Re: looking to expand - Donna Grady/NC
8/24/2005 12:22:12 AM (3096 views)

Thoughts?? - Michaela Urban/OH
8/10/2005 12:51:57 AM (2445 views)
Re: Thoughts?? - Jay Duncan/MO
8/10/2005 8:42:10 AM (3264 views)
Re: Thoughts?? - David Bloys/TX
8/10/2005 9:37:34 AM (5067 views)
Re: Thoughts?? - Matthew DeLand/NY
8/10/2005 4:52:39 PM (3310 views)
Re: Thoughts?? - Anne Gilbert/VT
8/10/2005 8:04:18 PM (3136 views)
Re: Thoughts?? - Scott Perry/PA
8/10/2005 9:10:40 PM (3116 views)
Re: Thoughts?? - Donna Grady/NC
8/11/2005 12:08:08 AM (3044 views)
Re: Thoughts?? - Lisa Ramsey/TX
8/12/2005 9:03:06 AM (3078 views)

Invoices shorted - Sandra Morton/KS
8/9/2005 11:54:32 AM (2569 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 12:23:50 PM (3509 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 12:43:04 PM (3560 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 1:07:16 PM (3258 views)
Re: Invoices shorted - Steve Schneider/IN
8/9/2005 8:29:03 PM (3584 views)
Re: Invoices shorted - Julie Jasiunas/WI
8/9/2005 12:39:41 PM (3538 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 12:46:12 PM (3489 views)
Re: Invoices shorted - Julie Jasiunas/WI
8/9/2005 6:52:15 PM (3313 views)
Re: Invoices shorted - Robert Franco/OH
8/9/2005 1:48:13 PM (3281 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 2:27:30 PM (3247 views)
Re: Invoices shorted - Matthew DeLand/NY
8/9/2005 2:33:43 PM (3267 views)
Re: Invoices shorted - Robert Franco/OH
8/9/2005 3:04:09 PM (3589 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 3:23:48 PM (3604 views)
Re: Invoices shorted - Matthew DeLand/NY
8/9/2005 4:29:09 PM (3371 views)
Re: Invoices shorted - Scott Perry/PA
8/9/2005 6:20:35 PM (3333 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 7:22:33 PM (3336 views)

Actually oral agreements are very enforceable. The problem is proving the intent of the parties when there is a breach. When there is no written contract to determine the intent of the parties to the transaction, the court has to look to the conduct of the parties to determine their intent. The difficulty arises in the evidence presented to enforce the claim (i.e. the credibility of the witnesses, the written correspondence making demand for payment, the possible admissions of fact contained in the defendant's rebuttal of the demand, or his acquiescence in the claim by failing to respond to the demand, etc.)

There are also implied contracts which are very enforceable in which not a single word is spoken between the parties. These are contracts implied in fact and contracts implied in law. The most common example of a contract implied in fact is the purchase of groceries. When you bring your shopping cart to the checkout counter, your conduct in placing each item on the counter is an implied offer to buy the items even though there is no verbal or written offer. The check out clerk's conduct ringing up each item is an implied acceptance of the offer. Your conduct in paying for the items is both the consideration for the contract and your performance of your contractual obligations. The clerk's conduct in bagging the groceries and releasing them to you is his consideration for the contract and his performance of his obligations.

There is also an equitable remedy called a contract implied in law (also known as quasi contract, quantum meruit and unjust enrichment). It is not a true contract, but rather an equitable enforcement of an obligation by the court to the extent necessary to avoid injustice. If the defendant has accepted goods or services from you under circumstances in which he knew or should have known that you expected to be paid, you would be entitled to the recovery of the reasonable value of your goods or services. The problem is in proving their reasonable value. This is a remedy commonly used by landscapers when they plant shrubs on the wrong property. I had a case several years ago in which an oil company delivered oil to the wrong address.

There is also something called promissory estopple. If someone makes a promise to you, and you make a major change in your position to your detriment, the court will  enforce the promise made to you to the extent necessary to avoid injustice.

While I agree with Scott that it is always best to have your agreement in writing, the law is a living and ever evolving entity. It has many safety valves built into it to provide alternate theories of recovery and protection.

When I litigate a contract claim based on express written or oral contract, I always back it up with with an alternate claim for a contract implied in law. If the facts warrant, I will also include alternate claims for contract implied in fact and promissory estopple.

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Re: Invoices shorted - Scott Perry/PA
8/9/2005 7:47:07 PM (3698 views)
Re: Invoices shorted - Kevin Ahern/CT
8/9/2005 8:44:54 PM (3408 views)
Jireh Business Info Solutions Factoid: - Scott Perry/PA
8/9/2005 9:10:15 PM (3421 views)
Re: Jireh Business Info Solutions Factoid: - Robert Franco/OH
8/9/2005 9:46:45 PM (3578 views)
Re: Jireh Business Info Solutions Factoid: - Scott Perry/PA
8/9/2005 9:59:09 PM (3507 views)
Re: Invoices shorted - Sandra Morton/KS
8/9/2005 8:34:35 PM (3402 views)
Re: Invoices shorted - Glenda Hodge/TN
8/10/2005 1:53:44 AM (3428 views)
Re: Invoices shorted - Douglas Gallant/OH
8/10/2005 5:11:59 PM (3205 views)
Re: Invoices shorted - Lisa Ramsey/TX
8/12/2005 7:16:20 AM (3165 views)

Muchas Gracias, Roberto! - Scott Perry/PA
8/8/2005 9:57:19 PM (2027 views)

BANNED FROM SOT - VIVIAN SLYKER/OH
8/8/2005 4:01:14 PM (2216 views)

HELOCS - Gladys Brown/NC
8/8/2005 3:43:56 PM (2363 views)
Re: HELOCS - Wanda Steudel/OH
8/8/2005 5:06:03 PM (3239 views)
Re: HELOCS - Victoria Moate/NJ
8/9/2005 12:58:27 AM (3332 views)
Re: HELOCS - Gladys Brown/NC
8/10/2005 10:05:51 AM (3288 views)
Re: HELOCS - Jeanne Mendes/CA
8/30/2005 5:28:37 AM (3073 views)

trouble with Title Search USA? - Susan Raynard/MA
8/8/2005 12:50:11 AM (2524 views)
Re: trouble with Title Search USA? - Francis Gottron/OH
8/8/2005 1:53:42 PM (3286 views)
Re: trouble with Title Search USA? - Marilyn Parker/IL
8/19/2005 6:27:42 PM (3246 views)
Re: trouble with Title Search USA? - Becky Kale/IL
9/15/2005 5:42:37 PM (2883 views)


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