How Can You Prove Breach of an Oral Contract in California?

In California, most oral contracts can be legally enforceable and binding. However, if one party to the agreement fails to hold up their end of the deal, it can be challenging to prove the existence of an oral contract and thus, the breach. However, establishing a breach of an oral contract is possible, especially with the help of an experienced California business litigation attorney. An attorney can help you gather strong evidence and prepare a persuasive argument.

Elements to Prove in a Breach of Oral Contract Case

To succeed in a California breach of oral contract case, you must prove the same elements required for a written contract case. These are;

• You and the other party had a valid agreement. This means there was an offer, acceptance, and mutual consent to the essential terms.
• Each party agreed to give or do something of value, such as money, services, or goods.
• You (the plaintiff) must have fulfilled your obligations or had a valid excuse for not doing so.
• The defendant did not perform as they were expected to.
• You suffered measurable harm because of the breach.

To prove these elements, you need strong evidence.

Key Evidence Used to Prove an Oral Contract in California

Because oral contracts are formed by spoken word, there is no paperwork to prove their existence. However, it is not impossible to prove the existence of an oral contract.

Here are some of the types of evidence you can use to prove an oral contract in California;

• Witness Testimony: Testimonies from third parties who were present during the agreement can not only help prove the existence of the contract, but also provide firsthand accounts of the terms.
• Written Communication: Texts, emails, or letters mentioning the terms of the deals can help confirm that a verbal agreement was made.
• Admissions by the Defendant: Statements by the defendant acknowledging the existence of the contract can strengthen your case.
• Invoices and Payment Records: If you can provide invoices or payment records that are consistent with the alleged contract, it can strengthen your case.
• Partial Performance: For example, was a payment made or were goods delivered? This can demonstrate that you believed a valid agreement existed.

Common Defenses in Breach of Oral Contract Cases

After you file a breach of oral contract case, you can expect the defendant to raise several defenses. Common defenses include;

• Statute of Frauds: California Civil Code Section 1624 requires certain contracts to be in writing.
• Vague or Uncertain Terms: In California, if one or more vital contract terms are unclear, the contract cannot be enforced.
• Expiration of the Statute of Limitations: California Code of Civil Procedure Section 339 gives you two years to file a breach of oral contract. The defendant may argue that this time limit has passed.
• Lack of Capacity: The defendant may argue they didn’t have the legal ability or competence to understand what they were getting into.

Why You Need an Attorney

Breach of oral contract cases often hinge on circumstantial evidence and the plaintiff’s credibility. An experienced attorney can help by:

• Assessing the strengths and weaknesses of your case
• Ensuring your case is filed on time
• Collecting and preserving evidence
• Negotiating with the defense
• Litigating (if necessary)

Contact a San Jose Business Litigation Attorney

If you need help filing a breach of oral contract claim, contact a skilled business litigation attorney at SAC Attorneys LLP today.