For example, employers, workers and independent contractors may find it invaluable to document the terms of their agreements in an employment contract or service agreement. While an oral agreement can be legally enforceable, it can be difficult to prove it in court. 2. If you can`t avoid making an oral agreement, be sure to keep correspondence and notes about what has been agreed, and then follow the other party with an email or letter confirming the terms. In the absence of one or more elements of a valid contract in an oral contract, it is likely that a court will annul the agreement and it will not be enforceable. Many States have rules for certain treaties that must be written, which considers that oral agreements are insufficient. Several conditions must be met to conclude an oral contract. Below is a basic list of oral contractual obligations: If the non-injuring party has sufficient evidence and believes that their oral contract is valid and legally enforceable, they should consider suing the injuring party. If they are not sure, they should go to a contract lawyer for help. The above quotations are only a small part of the vast laws and statutes relating to the applicability of oral treaties in California. Suffice it to say that any person who considers that there could be a binding oral agreement should consult a competent lawyer to determine whether this is the case and not consider that only a written letter can bind the parties in the areas normally prescribed in writing.