Written Contracts

Written Contracts

BA265 Business Law II

Rellie Lorenzo

9 December 2012

Grantham University

In general, even outside of the legal aspect, oral agreements in the professional world should be limited to informal interactions and everyday service operations that do not require written documentation. In this situation Paula is an employee at Next Corporation in New York City. Someone investigating the circumstances would probably ask if there were witnesses of the oral agreement. Was the agreement recorded? Are there precedent cases that could prove to be helpful in forming a solution for Paula and her former company?

Paula does not have any written contract or documents to help her succeed in her efforts to sue and/or gain reinstatement. It will be hard to determine the expressed terms and the exact details of the oral agreement. Regardless of the obstacles, Paula must express to her attorney the damages that she has experienced as a result of being fired from Next Corporation at her third month working in New York City. She should state that any financial hardships, emotional distress, professional detriment, and family crises that have stemmed from accepting this oral agreement.

A written contract keeps the terms simple and introduces the aspect of “enforceable” conditions. If terms are breached in a written contract the solution is practically automated. It is important to know that in most states, a written contract will often trump an oral contract. So if Next Corporation and Paula had an employment contract prior to agreeing to work in New York, then both parties should look over those terms. But if this situation was not a simple job transfer then another plan of action has to be developed.

Since there is no written contract, Paula and her legal adviser must move forward with the information they do have such as agreed time for performance, details of the offer, proof of acceptance of the offer, and mutual consent to the terms. First and foremost,...