A lot of times, people will hear advice instructing them to “get it in writing” when it comes any sort of business promise they’ve received. That’s because there are far fewer situations where a written contract is unenforceable as compared to an oral agreement. While oral contracts are generally enforceable, there are circumstances where the law requires a written document in order for that agreement to be enforceable. This law is called the “Statute of Frauds” and it may be the key thing your skilled South Florida commercial litigation attorney can use to get the breach of contract case against your business thrown out.
The Florida Statute of Frauds lays out several circumstances in which, to have a valid and binding agreement, the parties are required to put their terms in writing. These scenarios include: real estate transaction contracts, agreements to pay a debt owed by another, lease agreements where the lease term extends for more than one year, contracts for the sale of goods valued at $500 or more and agreements that cannot be performed within a one-year time period.
That last circumstance — contracts that cannot be performed within one year — is one where that time restriction is a strict one, as a recent federal breach of contract case illustrates.