Tucson, AZ asked in Contracts for California

Q: Is claiming an unwitnessed oral contract agreement, with now a deceased person, provable in court?

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: Proving an unwitnessed oral contract with a deceased person in court can be extremely challenging. Courts generally require solid evidence to support the existence and terms of an oral agreement. Without witnesses or written documentation, it becomes a matter of one party's word against another's.

In these situations, you might need to rely on circumstantial evidence or other forms of proof that can substantiate the claim. This could include communications like emails or letters, or actions taken by both parties that align with the terms of the alleged agreement.

Additionally, it's important to understand that some jurisdictions have specific laws regarding oral contracts and the requirements for their enforcement. Seeking legal advice tailored to your specific circumstances and jurisdiction is crucial to navigate this complex issue.

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