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A recent Delaware ruling confirms that a deal can be a deal even if no contract is signed. In a recent post, I wrote about the circumstances in which courts enforce letters of intent as legally binding.
Thus, to legally break a verbal contract, you should do so in writing. In that correspondence, outline the terms that had been agreed upon and why you are not able to fulfill them.
A contract, whether written or oral, is only enforceable if the essential terms of the contract are clear and certain. The contract must be sufficiently definite and detailed as to what actions all parties are obligated to perform.
Generally, yes, an oral contract is enforceable even though it may be difficult to prove. The enforceability of oral contracts also comes down to the jurisdiction in which a contract may be contested and the type of agreement the contract relates to.
Technically, the answer is yes. Although the agreement is not in writing, you may be able to file a lawsuit if another party breaches a verbal contract. However, many oral contract cases turn into ?he said, she said? situations, which can be more challenging to prove than cases with clearly defined terms on paper.