Define: Parol Agreement

Parol Agreement
Parol Agreement
Quick Summary of Parol Agreement

A parol agreement is a contract between two or more parties that is not written but is legally binding based on spoken promises or agreements. However, proving the terms of a parol agreement in court can be challenging due to the absence of a written record. Therefore, it is advisable to always document important agreements in writing to prevent any misunderstandings or conflicts.

Full Definition Of Parol Agreement

A parol agreement, also known as a parol contract, is a type of contract that is made orally or through spoken words. While it is enforceable by law, proving its terms can be challenging as there is no written evidence. For instance, if two individuals agree to sell a car for $5,000 without documenting the agreement, it falls under the category of a parol agreement. If one party fails to pay the agreed amount, the other party can take legal action to enforce the agreement, but without written evidence, proving the terms can be difficult. Another example is when two friends agree to split the cost of a vacation without putting it in writing. If one friend fails to pay their share, the other friend can take legal action, but again, proving the terms without written evidence can be challenging. In summary, a parol agreement is a contract made orally or through spoken words, enforceable by law, but difficult to prove without written evidence.

Parol Agreement FAQ'S

A parol agreement is an oral or verbal agreement between parties that is not written down or documented.

Yes, parol agreements can be legally binding, although they may be more difficult to enforce compared to written agreements.

In some cases, a parol agreement can be enforced in court if there is sufficient evidence to prove its existence and terms. However, it can be challenging to establish the terms of an oral agreement without written documentation.

Parol agreements can include various types of contracts, such as lease agreements, employment contracts, and sales contracts, as long as they are not required to be in writing under the Statute of Frauds.

Yes, a parol agreement can modify or alter a written contract, but it is important to ensure that the terms of the modification are clearly established and agreed upon by all parties involved.

If there is a dispute regarding a parol agreement, it may be necessary to present evidence such as witness testimonies, emails, or other forms of documentation to prove the existence and terms of the agreement.

In general, a parol agreement cannot be enforced if it contradicts a written contract. Written contracts are typically considered more reliable and binding than oral agreements.

Yes, there are exceptions to the requirement of a written contract under the Statute of Frauds. For example, if one party has partially performed their obligations under the agreement, a court may enforce the parol agreement.

Yes, a parol agreement can be revoked or canceled by mutual agreement between the parties involved. However, it is advisable to consult with a legal professional to ensure that the revocation is done properly and does not result in any legal consequences.

It is generally recommended to have written contracts whenever possible to avoid potential disputes and difficulties in enforcing the terms of an agreement. Parol agreements can be more challenging to prove and enforce, so it is advisable to have written documentation to protect the interests of all parties involved.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 16th April 2024.

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