Has anyone ever broken a promise to you? Were those promises legally enforceable

Question

Has anyone ever broken a promise to you? Were those promises legally enforceable promises? Why or why not?

If someone sought to enter into a contract with you, but that party could not read the language in which your contract was written, should you enter into that contract with that person? How can this problem be overcome so that both parties can form a legally binding contract with each other?

Should there be more government regulation and standardization of contract terms be-tween private parties? Why or why not?

Explanation / Answer

1) Promise is of two types - Oral promise and written promise.

Oral promise is a promise which involves an oral assurance. Say for example, there are two parties and if one party promises to give a property as a token of gift to his daughter in her marriage then it is oral promise. But later, if he does not give the property to his daughter then it is called breaking up of the oral promise. There is no contract involved in this promise, so the party cannot claim the property in case of a oral promise

Written promise is a promise in which a contract is involved. Though the party conveys his interest orally, there should be a written proof or the contract between the two parties. Such promise's are not broken that easily. There will be a law which binds the promise. In the other words, all the written promises/contracts are legally enforceable promises. Say for example, if one party writes a contract with the other party on selling the land at $50,000. But later the seller gets to know that the market price of the land is $65,000. At this point, if the seller denies to sell the land to the other party, then it is breach of law. Since the contract is legally enforceable.

2) Before entering into the contract, the presence of both the parties is mandatory. Both the parties need not know each other's language, but they should at least communicate in a common language. Because, both the parties should read the contract document before signing the contract. If a party does not understand the language of the contract then, he can either bring a lawyer or some official from his end for authenticating the contract document or simple not sign the document to enter into the contract.

3) A legally binding contract should be in a language where both the parties understand. Both the parties before entering into the contract should clearly understand the terms of the contract. Generally, the language should be a common language. If there is no common language, then contract should be in English, written by a third person party.

4) The contract terms between the private parties does not have government regulation. In my opinion, it is necessary to have government regulation. Generally these contracts are verbal and happen between two private individuals. Standardization of contract terms helps to acquire a set of rules and this in turn helps to regulate the interests of both the parties.

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