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Oral contracts can be enforced

But you have to be careful

Shefali O'Hara
7 min readFeb 1, 2020
Photo by Cytonn Photography on Unsplash

I have a guilty secret. While I was dealing with cancer, I watched a lot of TV. Mostly “I Love Lucy” re-runs, because they made me laugh. But sometimes I tuned into “Judge Judy”.

If you’ve ever watched her lecture someone (and that’s pretty much 90% of the show), you know you never loan anyone bail money. And never loan anyone money. But if you do — make sure you have a contract in writing.

Because a contract is only good if you can get it enforced. Without something in writing, you don’t have any evidence, right? Or do you?

It turns out that you can make what used to be known as “gentlemen’s agreements” or “handshake deals” and still get them enforced in a court of law if you need to.

Historically, these types of things were the norm. In ancient times, personal and family honor were highly prized. In the Roman era, roads like the Appian Way were built by the nobility. Patricians were willing to pay from their own fortunes to build these roads for the public weal because it brought honor to their family name.

In medieval France, this tradition of honor continued with the chivalric code. A gentleman’s word was his bond. This was also true in early modern England. Shakespeare referred to it in his plays and the Old Bailey…

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Shefali O'Hara
Shefali O'Hara

Written by Shefali O'Hara

Cancer survivor, Christian, writer, engineer. BSEE from MIT, MSEE, and MA in history. Love nature, animals, books, art, and interesting discussions.

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