Written Requirement

In one sentence

A legal rule that certain contracts must be in writing to be enforceable.

Plain English

Some types of contracts are so important that the law requires them to be written down and signed to be enforceable. Common examples include real estate sales, contracts that take more than one year to complete, and agreements to pay someone else's debt. If a contract falls under this rule and is only oral, a court will not enforce it.

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Example

James and Elena agree verbally that James will buy Elena's house for $300,000. Later, Elena changes her mind and refuses to sell. Because real estate sales must be in writing, James cannot force her to sell since they never signed a written agreement.

Used in a sentence

“The written requirement for employment contracts lasting over one year means the parties must sign a document for it to be legally binding.”

Related terms

Contract

A legally binding agreement between two or more parties to do or not do something.

Contract Formation

The process by which parties create a legally binding agreement.

Statute of Frauds

A law requiring certain contracts to be in writing to be enforceable in court.

Executed Contract

A contract where both parties have fully performed all their obligations.

Void Contract

A contract that has no legal effect from the moment it's made.

Offer

A proposal to enter into a binding agreement on specific terms.

Acceptance

Agreeing to the exact terms of an offer, creating a binding contract.

Consideration

Something of value exchanged by each party to make a contract binding.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.