Re:CrunchPad Federal Lawsuit Filed; Some Additional Thoughts
by nreece on Friday December 11, 2009 @09:03AM
(#989675)
In a strictly lawful perspective, a contract is a legally binding written agreement between two or more parties.
[ Parent
| on HN ]
Re:CrunchPad Federal Lawsuit Filed; Some Additional Thoughts
by ugh on Friday December 11, 2009 @09:24AM
(#989705)
Always? I don't know anything about US law, but German law doesn't require contracts to be written by default. If you buy something the contract between you and the shop owner doesn't have to be written down. You don't even have to say anything, just show what you want to buy and hand over the money. Unpolite but legal. There are requirements for certain kinds of contracts, but not for all of them.
Re:CrunchPad Federal Lawsuit Filed; Some Additional Thoughts
by lionhearted on Friday December 11, 2009 @09:20AM
(#989699)
It might depend on your country/jurisdiction. In the United States, oral and implied contracts are contracts, and are legal and binding.
Some contracts, though, fall under what's called the "statute of frauds" - that means they must be written to become contracts.
http://www.expertlaw.com/library/business/statute_of_frauds....
> A "statute of frauds" requires that certain contracts be in writing, and that they be signed by all parties to be bound by the contract.
Contracts under statute of frauds include land sales and transfers, guaranteeing another person's debts, and contracts that can't be completed in a year.
It can be hard to prove an oral contract, but if you can prove it has all the elements of a contract, it's a contract, legal, and enforceable at least under the standard United States common law.
Re:CrunchPad Federal Lawsuit Filed; Some Additional Thoughts
by smeatish on Friday December 11, 2009 @02:39PM
(#990294)
Some contracts, though, fall under what's called the "statute of frauds" - that means they must be written to become contracts.
From the link you provide, it explains that the statue of frauds makes a contract voidable (either party can break it) but it's still a contract.
Also: 'Sometimes, a party to a contract that would otherwise be invalid under a "statute of frauds" will nonetheless be able to enforce it, on the basis of "partial performance" or "promissory estoppel".'
Seems TechCrunch can reasonably claim partial performance.