I have admitted that the law has oral agreements when they can be proven. But she agreed to participate in a small experiment during the session. I said, “I`m going to tell you something, and you`re answering right now, okay?” She agreed. In Utah, a written contract has a limitation period of six (6) years, but only four (4) years for an oral contract. See Utah Code No. 78B-2-307 – 78B-2-309. Therefore, if you have a written contract, you have two (2) more years to sue than you do for an oral contract. In general, oral contracts are also more difficult to prove that an agreement has been reached and that the other party has breached it than a written contract. (It is likely that land contracts must be written.
In addition, judges sometimes “involve” employment contracts without any agreement between the parties). With regard to the need for “security,” oral agreements often fail in court. Even in my experience as a seminar, the need for “security” raises two challenges: since this case would be tried in a civil court (not by a criminal court), the burden of proof rests on a balance of probabilities rather than a reasonable doubt. In addition, there are many defenses that an opposing party can use to reject your violation of oral contractual rights – which would otherwise not be available if the contract were written. For example, there is a law called the Statute of Frauds, which states that certain types of agreements must be concluded in writing to be enforceable in court. These agreements include, among other things, the transfer or sale of land, agreements that are not concluded within one year of the conclusion of the agreement, credit contracts, an agreement to cover the debts or obligations of another, or contracts for the sale of goods worth $500 or more. See Utah code 25-5-1, 25-5-3, 25-5-4 and 70A-2-201. The parties, both reasonable, should freely approve the terms of the agreement, i.e. without influence, coercion, coercion or misreprescing of facts.