Oral-ContractEnforceability of Oral Contracts

South Carolina oral contracts can be enforceable and just as binding as a written contract. Oral contracts will communicate the terms of the agreement verbally, and because of this, contract disputes are more likely to arise and the contract can be more difficult to enforce in court. Many times, the oral agreement crumble over the details of the agreement. One of the most common issues that occurs when proving the existence and terms of an oral contracst is the lack of any tangible evidence.  Cases involving oral contracts will often rely on the performance of one or both parties in order to exhibit a strong reliance on the agreement. Courts will consider multiple factors when ruling whether oral contracts are enforceable. For instance, certain statutes protect against contract claims without a written agreement. The South Carolina Statute of Frauds generally requires the following contracts to be in writing:

  • Contracts relating to land;
  • Guarantees;
  • The sale of goods worth over $500; and
  • Contracts that would take longer than a year to perform.
Oral contracts are enforceable in South Carolina and are just as binding as written contracts, however, certain statutes, such as the South Carolina Statute of Frauds, will protect against contract claims without a written agreements.
A written agreement is always the better option when you are creating a contract, therefore, we always recommend to reduce your agreement in a writing whenever possible. Even a handwritten contract is almost always better than oral contracts.

Our Charleston litigation and business attorneys are available to offer our legal services in both contract drafting and reviewing contractual agreements. If you have any questions about a written or oral contract, or if you need assistance with a breach of contract dispute, please contact our Charleston business lawyer.