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Re:Update on Taking Tesla Private by tpetry on Monday August 13, 2018 @11:06AM (#17750658)
It‘s funny. In Germany a handshake agreement between individuals is worth nothing but between businesses it‘s enforcable like a written contract.
Re:Update on Taking Tesla Private by gamblor956 on Monday August 13, 2018 @01:23PM (#17751759)
We're not in Germany. Contract laws vary by country and by state.

In the US, the general law is that verbal contracts are worth the paper they are written on, which is to say, not at all unless other facts/circumstances support the existence of the verbal agreement and its specific terms. Otherwise anyone could claim to have a contract with anyone else.

For example, I claim to have had a verbal agreement with Mark Z for the development of a social networking site owned by me but built by him. In the absence of any other facts, no court would agree that such a contract exists. However, maybe I show copies of emails where we discussed the idea for a social networking site before it launched. That's some evidence that a verbal agreement might have existed, but not as to what the terms were. Most likely, the parties would settle without going to trial, simply because Mark wants to proceed with the IPO without the sword of litigation hanging over his head--even though he would very likely win. The marginal cost of winning at trial is not worth the much larger cost of the harm to the IPO. (This is very loosely based on the Winklevoss saga.)

Re:Update on Taking Tesla Private by checkyoursudo on Monday August 13, 2018 @01:55PM (#17752099)
Your generalization is backwards. In general, US contracts do not need paper memorializing. The majority of transactions are not memorialized.

Specific types of transaction and certain value thresholds require memorializing.

Facts and circumstances are required to support verbal contracts, but in general verbal contracts very much are enforceable.

Re:Update on Taking Tesla Private by gamblor956 on Monday August 13, 2018 @02:06PM (#17752199)
Yes, of course. I'll ignore the law that I actually learned in law school and in the actual practice of litigating contracts for what some guy said on the internet...

There's a reason I brought up the falling apple example. Verbal contracts are enforceable--if they satisfy the same requirements as written contracts. On top of that, the terms of a verbal agreement must be corroborated by other evidence outside of the verbal agreement itself in order to survive litigation--and the trend in the US legal system is to require more supporting evidence.

Re:Update on Taking Tesla Private by ygra on Monday August 13, 2018 @11:49AM (#17750972)
Verbal contracts are binding as well in Germany.
Re:Update on Taking Tesla Private by lowry on Monday August 13, 2018 @11:36AM (#17750873)
It is more nuanced than that, I guess.