In this week's Freedom Friday blog and email newsletter, we're continuing in the series on the Top Ten Topics in 2024. Each week we're covering a popular topic from last year that's become a “bestseller” in the Freedom Friday blog. Although these topics aren't being presented in rank order, I'm saving the juiciest topics for last. In this week's Freedom Friday blog, I'm going to talk about a very popular topic from last year, and that's if you can be sued when you did NOT sign a contract. In this week's Freedom Friday blog and email newsletter, I'm answering the question, “Can I be sued if I did not sign a contract?”
The short answer is yes, you can be sued for breach of contract, even if you did not sign one, but you also might have certain defenses, depending on the type of contract involved. For example, if your “contract” or agreement was entirely verbal, without any written component, it may not be enforceable because of the statute of frauds. In Oklahoma, any contract or agreement regarding real property, sale of goods for more than $500.00, a guarantee of a debt by a third party, or any agreement which requires more than one year to perform by its terms must be in writing, and if you're sued on a verbal agreement, and any of these situations apply, you should hire an attorney to aggressively defend such a claim.
There are other situations in which you did not “sign” a written contract, but you can still be sued for “breach of contract,” or similar claims. For example, if you buy goods from a store or a vendor, you can be sued for indebtedness on an open account or open invoices. While there is not a contract, per se, the vendor you purchased goods from made an offer, and by accepting the goods, you made an acceptance, and of course, since they told you the price in advance, there is consideration.
Lastly, if you're sued on a verbal agreement, there is also a three-year statute of limitations for the suit to be filed. So, if the alleged breach was more than three (3) years ago, again, strongly consider hiring a lawyer to move for dismissal.
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