Understanding the Importance of Written Contracts in Law
School
Liberty University**We aren't endorsed by this school
Course
PLST 226
Subject
Philosophy
Date
Dec 10, 2024
Pages
1
Uploaded by DoctorJellyfishPerson6478
Contracts play a significant role in society since they allow us to exchange and bargain with each other. While most contracts are often made orally, some require they "must" be in writing to bind a person of contractual responsibilities. Thus, I concur with the statement that a contract must be in writing to be more just and enforceable. "The law requires that certain types of contracts be in writing to be enforceable." Pamela R. Tepper, The Law Of Contracts And The Uniform Commercial Code, 8.1 (3rd Ed. 2014). As a result, implementing the Statute of Fraud to challenge the enforceability of contracts is necessary to hold individuals responsible for their contractual obligations accordingly. Considering the elements of the Statute of Frauds, a contract must adhere to a performance after one year of the making, the debts of another, the executor to pay the debts of the estate, consideration of marriage, and real property. Id at 8.1. Therefore, the need for contracts in writing helps clarify issues that usually exist in oral agreements.There are pros and cons when considering whether a contract must be oral or in writing. For instance, a written contract helps clarify potential future issues regarding breach or enforceability. Another advantage is that contracts in writing are more tailored to the needs of the contractual parties, avoiding ambiguity. Also, written contracts assist magistrates when evaluating disputes. Additionally, a written contract significantly reduces stressful situations between parties since theyare confident that a solid contract secures their interests. On the other hand, a negative aspect of a written contract is that it sometimes requires experts' assistance, which can be expensive. Another disadvantage is that a written contractdestroys the parties' trust in one another since the need for a written contract showsa lack of confidence and credibility. Indeed, written contracts have significantly more advantages and are crucial to maintaining the contracting parties' securities. However, let's not forget that oral contracts align with God's teaching that we must get along with our neighbors. The Bible teaches us, "Do not plot harm against yourneighbor, who lives trustfully near you." Proverb 3:29 (NIV).
