An oral contract is a legitimate agreement in which the terms have been agreed through oral communication between the parties. All elements of a written agreement are included in an oral agreement, including an offer, acceptance and exchange of value. If a party fails to comply with its obligations, the injured party may be obliged to turn to the legal system to understand the agreement. However, in order for the courts to enforce a contract, certain legal formalities are required. Under Ohio law, one of the most important conditions for the applicability of a contact for the sale of goods is that it follows the model according to the Uniform Commercial Code Statute of Frauds. When many people think of a contract, they think of a written agreement. Most people think that all contracts must be written to be enforceable. Rarely, if at all, the evidence that establishes an oral contract, but its conditions are precisely in the terms of the offer and acceptance found in formal written contracts. Depompei v. Santabarbara, 8th dist. Cuyahoga No.
101163, 2015-Ohio- 18, ¶ 22. Rather, the goal of performing oral contracts is to keep people to the promises they make. Id. “In a bench trial, the court, as Trier, must resolve any conflict of evidence over the controversial provisions of an oral contract.” Ford v. Van Stop, Inc., 12th dist. Butler No. CA98-03-064, 1998 WL 904677, *2 (30 December 1998). To win the case, the aunt must prove that her nephew borrowed the money with the intention of repaying it, while the nephew must prove that he did not accept such a thing. Without documentation of the agreement, it becomes a matter of he-said-she-said.
Ultimately, it is a judge who decides which case the party is most likely. Parties who are both in good health should freely accept the terms of the agreement, i.e. without any undue influence, coercion, coercion or misrepresentation of the facts. Nephew and aunt both agree with the contractual terms, without putting pressure on each other and with the intention of fulfilling their obligations.. . . .