Mark enters into an oral contract to sell Clara his music collection for $10,000. Later, Mark sues Clara for not making the payment of $10,000. Clara refuses to pay the amount and instead claims to the court that the music collection was hers all along and that Mark is lying. In this case, what can aid Mark in getting his payment of $10,000?

What will be an ideal response?


In a court of law, admission from Clara about the existence of an oral contract can aid Mark in getting his payment of $10,000. If one party sues another party for failing to perform promises that are made orally, the defendant might argue the contract cannot be enforced since it must be in writing under the statute of frauds. This defense asks the judge to dismiss the lawsuit. Based on the historical background of the statute of frauds, a judge does not want the burden of deciding which party is telling the truth about the existence or nonexistence of an oral contract. However, if the defendant admits in court or in documents filed in court that an oral contract does exist, the judge does not have to guess about the contract's existence.

Business

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