If someone has violated a handshake agreement or oral contract with you, you will need a Texas attorney to help you gather all the critical evidence of the existence of the contract and who is familiar with handshake contract law and verbal contract law. Contact Seth Kretzer online today to arrange a free consultation. Note that certain types of contracts in Texas must be written under a Texas law called the Statute of Frauds. For this type of agreement, a handshake is not a legally binding treaty. Despite the general applicability of oral contracts, Texas law — including the Texas Statute of Frauds — requires certain transactions to be in writing. With a few exceptions, the following agreements must have a written contract to be enforceable: A lawyer experienced in contract law can help you determine if your oral agreement is outside the requirements of written contracts. The first step towards the application of a handshake agreement will be proof of its existence. As a general rule, a party at trial will provide evidence of the existence of the agreement by demonstrating that a party has fulfilled at least some of the obligations required by the oral agreement. But a court looks at the merits if there is another possible explanation for the parties` actions. In response, the parties will submit correspondence, testimony, invoices and other supporting documents and evidence in support of their allegations. In the ancient west, as popularized by the HBO show Deadwood, handshake chords were sometimes sealed by a “spit” where the parties spat into their hands before shaking. This method was considered in Europe to be the most civilized version of an ancient “hematoid”.
However, there are cases where an un written contract can become essentially bad. While it`s always best to get things in writing, you should be sure. Under Texas law, certain oral agreements can be considered legally binding contracts. A person of any age can enter into a contract. But Texas law states that contracts of a minor (i.e., a person under the age of 18) are generally questionable at the minor`s choice. This means that a minor can enforce an agreement he or she has with an adult. However, an adult cannot enforce an agreement with a minor. This rule prevents adults from entering into contracts with persons under the age of 18. .