Yes, the contract performance have to be perfect. It is very difficult to prove
ID: 374237 • Letter: Y
Question
Yes, the contract performance have to be perfect. It is very difficult to prove verbal contract. The verbal contract will be legally binding if there was an agreement on the services to be performed and the agreement was reached on remuneration for this service. But certain contracts which include selling of house or selling of car must be in writing. Any contract involving business transaction with family members should be in writing and the sibling should not be given relaxation to this. A written contract is an essential to make the contract perfect which ensures that both parties understand and acknowledge their rights and responsibilities to one another. To ensure contract performance to be perfect the parties involved in contract should be bound to perform the promises according to the agreed terms. Hence it is very important to have a written contract to prove if the family member fails to perform and the oral contract would not be sufficient for proving breach of contract.
Explanation / Answer
The last sentence is the question and the first part is the secnario.
Yes, performance, of contracts is by far the most common basis for discharge, even imperfect performance.:) . In summary, if both parties are happy with the results of a contract, it really does not matter whether the contract or performance would be approved by the court. Furthermore, even a less-than-ideal performance will rarely lead to a lawsuit. Rather the parties will "work things out or the non-breaching party will decide that lawsuit is not worth the time and trouble, throw his his/her hands up in the air, and never do business with the other party again. Lawsuits over all contracts in this country are much, much less than 1% of all contracts.
As a footnote, I would add that there is a very strong correlation between "imperfect performance" and construction projects and/or contracts with family/friends. Bill
Daneille: Yes, I had an oral contract with my brother that I would lower the price of the car I was selling by $1000 because he's my brother, and a single dad, and I'm an idiot. Then he would buy my car for $500 down and $200 a month for 10 months. He paid the initial $500 and I let him take the car and went ahead and signed the title over because he's my brother, and a single dad, and I'm an idiot. After failing to pay for the first 2 months, he stated he would pay the full price I was asking of $3500 minus the $500 down he already paid when he received his income tax return, which he didn't. And that's the story of why I never sell anything to family.
Chapter 18-1, Conditions of Performance. Does contract performance have to be perfect or is there a breach? Chapter 22-2, Remedies of the Buyer or Lessee. Courts are more sympathetic to contract claims involving unique items.
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