Unjust enrichment is a general principle that no person should be allowed to benefit from it at the expense of another person without recovering the reasonable value of the property, services or other benefits that have been improperly received and withheld. An important note: many written contracts contain a clause stating that all changes must be made in writing. This is very important to consider, as an oral amendment may not be applicable, which may affect your rights. A complication that the court faces in the context of oral agreements is that it must be able to extract the key terms of the implementing agreement, which can be difficult if both parties fail to reach an agreement on those terms. The two sides do not agree that there has been an agreement. This is usually referred to as a "meeting of minds," with both parties agreeing to these terms. In our example, the aunt offers to borrow money from her nephew, provided he returns it within a reasonable time. The nephew accepts their offer and promises to reimburse it in full after the purchase of his new tire. If your oral consent is unenforceable for any reason, in particular if it is contrary to fraud law, this does not necessarily mean that you do not have recourse. While you will not be able to enforce the specific terms of your initial agreement, you may be able to bring a so-called "fair" remedy to the courts. Oral agreements between two parties are as enforceable as a written agreement. All you have to do is meet the requirements of a valid contract. If the agreement complies with the requirements of a contract, both oral and written agreements can be implemented.
While both oral and written contracts are enforceable under Massachusetts law, oral contracts are more difficult to enforce in many situations. To enforce a contract, the court must be able to know and understand the essential terms of the agreement. The threat of legal proceedings for breach of an oral contract can absolutely not help the case if a party intends not to implement the agreement. However, the law considers that full oral agreements are legally binding and that the case can be taken to court for a judge to make the final decision. That doesn`t mean it`s impossible. .