contract formation via phone

[germanlawdude]

hello to all,

i haver a question referring the contract formation in US Law:

1. are contract formations via phone binding?
2. if yes, which requirement are made?
thank you in advance for you help!

regs.

marcus

Ps: i am from germany and my english is not very good, so please apologize and do not hesitate to correct me (both, language and terminology)

[josh@riversidui]

Each contract carries a promise and performance expectation
Without a contract, no recourse to enforcement
In USA, contracts are usually enforced under assumption of autonomy and equality of power between parties
Must have capacity to contract (fiscal agency, accurate information, etc.)
Contracts can be expressed (expectations detailed) or implied (expectations implied from actions of other party)

Contract formation

Offer and acceptance can be via correspondence or phone or conversation, but there must be reasonable certainty of terms for contract to be enforceable- best to have documentation
When documentation is not possible and uncertainty exists (like early in a project), parties can have pre-contracting agreements such as good-faith bargaining (agree to agree later), memorandum of understanding, or letters of intent...

Requirements of writing- certain contract types (almost all in construction) need to have evidence of writing (can

[LawsuitLawyer]

you need to work on your english language.

[LwStudent]

You need english language perfectly because english is must while speaking over phone. But i prefer do not make phone contract. And if u do than make recording of that.

[boomer mitra]

Just practice to speak fluent english and you are done