Oral agreements and the law?

Question

Here In California when you get new telephone service you have to call the phone company to get service as there is no office you can go into .Is that a "oral agreement". Does it fall under the statue of limitations on law suites...or is it another kind of agreement

Answer 1

It is an oral agreement. However, it is possible that the phone company has recorded the conversation. That does not change things, but makes it easy to prove the terms of the contract (always a problem with enforcing oral agreements). I do not know about California specifically, but most limitation statutes do not have different rules for oral and written contracts.

Answer 2

Ok here is the catch... it is only an oral agreement if they have a recording of you agreeing. Sprint PCS was sued a few years ago and lost because of this. They then changed their system to where at the end you were transferred to a recordnig that made a statement then recorded you accepting or not.

So unless they can produce a recording of you actually agreeing, it is NOT BINDING!

Answer 3

What you are referring to is the statute of frauds which requires a writing for certain types of contracts to be enforcable. Contracts for sales of goods over $500 require a writing as well as other types of contracts. Since this is a service, in theroy, no writing is required.

However, the phone company memorializes your agreement by sending you paperwork confirming that you setup service with them. Thus, it is not an oral contract.

Answer 4

Oral agreements are valid unless there are no objections.