When it comes to legal matters, understanding the statute of limitations is crucial. In the case of oral agreements, it is important to know how long you have to bring a claim or file a lawsuit. So, what exactly is the statute of limitations on oral agreements?
Firstly, it is important to define what an oral agreement is. An oral agreement, also known as a verbal agreement, is a mutual understanding between two or more parties that is spoken rather than written down. These types of agreements are legally binding, as long as they meet certain criteria such as offer, acceptance, consideration, and intention to create legal relations.
So, how long do you have to take legal action if you believe your oral agreement has been breached? The answer depends on several factors such as the state you are in, the type of agreement, and the nature of the claim. In most cases, the statute of limitations for oral agreements is shorter than that for written agreements.
In general, the statute of limitations for oral agreements ranges from one to six years. Some states, however, may have a longer or shorter time limit. For instance, in California, the statute of limitations for breach of oral contract is two years, while in New York, it is six years.
It is important to note that the clock starts ticking on the statute of limitations from the date of the breach or the date the plaintiff discovered or should have discovered the breach. For example, if you had an oral agreement with someone to pay you back in full within six months, but they did not, the six-month period would start from the date of the breach – the date they failed to fulfill their obligation.
In addition to the time limit, there are other factors that can affect the statute of limitations on oral agreements. These include the age of the plaintiff, whether the defendant is in the military, and whether the plaintiff was under duress or incapacitated at the time of the agreement.
In conclusion, the statute of limitations on oral agreements varies depending on several factors. It is essential to be aware of the time limit in your state and to take legal action within that timeframe if necessary. If you are unsure about the statute of limitations or have any other questions regarding oral agreements, it is always best to consult a legal professional.