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by kwis 5475 days ago
I routinely work with vendors who make non-contractual promises, where the only recourse is damage to their reputation and the probable loss of me as a client if they break them.

Not everything needs to be a contract or a lawsuit. Sometimes it's fine to take a man at his word, and then simply tell him to walk away if his word is no good.

1 comments

IAAL, and I do agree with you that contracts are overkill in many cases. However, if you are complaining publicly about another business breaking promises, I think it reflects poorly on you that you didn't get those promises in writing. That's what contracts are for, after all. You don't see Fortune 50 companies griping about shady suppliers on their blogs for a reason...
"contract" in law doesn't mean something written and signed, it is an agreement or implied agreement between two parties. This is a common misconception. The written requirement is only for certain types of binding agreements (land sales, etc.) and varies between jurisdictions. But in most business/service scenarios, oral agreements are just as binding as written agreements.

I was recently involved in a legal dispute where there was no written contract, but the trail of emails and communication was good enough to see judgement in our favor.

This is 100% correct, but getting it in writing is (almost) always better for enforceability. Also, notice that I never said anything about signatures...

* Since I mentioned that IAAL above, this comment is not legal advice.