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What constitutes sufficient evidence of a contract being made?

On Behalf of | Jan 31, 2023 | Contract Disputes

In California, businesses large, medium-sized and small need to be knowledgeable about creating a valid contract. While it might seem to be an obvious aspect of doing business, not everyone is fully cognizant of all of the aspects of creating a contract.

This is highlighted if there is a dispute and assertions are made that a contract is not valid or what was not made and agreed to at all. When there is a disagreement as to whether a contract has been made, it can be costly, personally and financially. Knowing the law can be essential to being fully protected.

It is important to know what evidence can be used to prove there is a contract

If there is a disagreement as to whether a contract has been made, evidence can be presented in several ways. If, for example, there is electronic communication, this can be enough. Recording a telephone conversation, written text or other means of communication can be admissible to show there was a contract.

If there is an ongoing attempt at enforcing a contract, the person against whom enforcement is being sought must have received written communication a maximum of five days after making the contract. The sides can also agree to their own time-frame as to when it must have been received. If there is an objection, it must be received a maximum of three days after the contract was received.

If the person who is facing an enforcement proceeding admits that the contract was made in court, via testimony or while pleading the case, it is considered a valid contract. Finally, if there is a memorandum, a note or other written form that says there was a contract and it was signed, it is considered valid.

Contracts and disputes surrounding them can be addressed with professional help

When creating a contract, it is useful to have legal help from the outset. For those who believe they created a valid contract on their own and it is in dispute, it is even more crucial to have professional assistance to ensure that the contract is either followed or to prove that it is invalid.

Calling professionals who have extensive experience and have saved and recovered millions for clients can be helpful to achieve a positive outcome. Before overreacting and making a difficult situation worse, it is imperative to call for assistance to try and resolve the contract dispute through negotiation or to head to court.