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#7381 |
In Search of a Life
Join Date: Dec 2005
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An oral contract is a contract the terms of which have been agreed by spoken communication, in contrast to a written contract, where the contract is a written document. There may be written, or other physical evidence, of an oral contract – for example where the parties write down what they have agreed – but the contract itself is not a written one Is an Oral Contract as Good as a Written Contract? An Oral Contract is as legally binding as a Written Contract, the issue with an Oral Contract is in proving its existence. To begin, the existence of a Written Contract is fairly obvious, either there is a writing or there isn’t. An oral contract, by definition, does not have a writing to support its terms, conditions or even existence. So how can we prove that it exists? One way is to use witness testimony. If A and B enter into an oral agreement, and C and D are present at the time the oral contract is made, C and D can be used to prove the existence of the oral contract. Their testimony that they heard the terms of the agreement will be sufficient to prove the existence of an Oral Contract. |
Posts: 31,036
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#7382 |
Time Keeps On Slipping
Join Date: Sep 2004
Location: Overland Park
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Plow loves giving oral contracts.
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Posts: 27,299
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#7383 |
When a nightmare becomes real
Join Date: Nov 2003
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This thread is about to be swept up by an AIDS Tsunami.
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Posts: 47,003
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#7384 |
For The Glory Of The City
Join Date: Sep 2002
Location: Kansas City
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A&M President...
http://www.12thmanfoundation.com/mem...d-article.aspx The early June meeting of the Big 12 board in Kansas City, (Big 12 commissioner Dan Beebe) had all the presidents, chancellors and all the athletic directors in one room. There were 24 of us there, plus Beebe and a few of his staff. Beebe polled the board and said he wanted us to declare whether we were committed to the Big 12 or not. |
Posts: 53,858
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#7385 |
When a nightmare becomes real
Join Date: Nov 2003
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Posts: 47,003
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#7386 |
In Search of a Life
Join Date: Dec 2005
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Posts: 31,036
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#7387 |
For The Glory Of The City
Join Date: Sep 2002
Location: Kansas City
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No large entity will get nailed by an oral contract.
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Posts: 53,858
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#7388 | ||
Sauntering Vaguely Downwards
Join Date: Sep 2005
Location: Columbia, Mo
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Quote:
Quote:
(Yeah - that's not accurate. Not even a little bit) |
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Posts: 61,765
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#7389 |
When a nightmare becomes real
Join Date: Nov 2003
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Posts: 47,003
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#7390 |
In Search of a Life
Join Date: Dec 2005
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Posts: 31,036
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#7391 |
Sauntering Vaguely Downwards
Join Date: Sep 2005
Location: Columbia, Mo
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Because virtually every contract a large entity enters into would be subject to the SOF (by the mere nature of the needs of a massive legal entity).
Additionally, as there was an existing contract in place (which was never put into Breach by MU or any other of the remaining members), you're really talking about a novation here, which would absolutely require a writing to be enforceable. This argument is really really dumb. Then again, that appears to be the sole purview of Mikey at this point, so I shouldn't be too terribly surprised. |
Posts: 61,765
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#7392 |
Sauntering Vaguely Downwards
Join Date: Sep 2005
Location: Columbia, Mo
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Posts: 61,765
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#7393 |
Scarlett Johansson's boytoy
Join Date: Nov 2006
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I know about contracts, I do write contracts routinely. I am not a lawyer.
But you can't argue both ways, you either go for the strict interpretation or you go for the "intent". MU wants it both ways. |
Posts: 12,526
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#7394 |
In Search of a Life
Join Date: Dec 2005
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Posts: 31,036
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#7395 | |
Quit your bullshit
Join Date: Jul 2005
Location: Bored of winning
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Quote:
Http://big12sports.com/fls/10410/pdf...ook/bylaws.pdf Pay special attention to 1.2.2 and 3.3 before acknowledging that I'm correct. |
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Posts: 41,870
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