Contract Questions and Answers

This is not a substitute for legal advice. An attorney must be consulted.

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What is a written contract?

A written contract is generally a contract in legible format, such as written characters and numbers. It is a contract in which all of the terms are in writing, and the writing must be legible. Generally, it is understood that a written memorandum is not identical to the written contract but is only evidence of it and usually does not contain all the terms of a written contract. A written agreement, however, does not lose its force as a written contract because parol evidence or oral statements are necessary to explain some of the terms.

A contract that is not entirely in writing is regarded as an oral or verbal contract. An agreement may be oral, although there is a written note of memorandum substantiating the terms of the oral agreement. Oral statement or parol evidence may be used to clarify a written contract; nevertheless, a written contract is generally a contract that is set forth in some form of legible characters such as writing.

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