Question

if it is completely impossible to put a contract in writing, which of the following would be the best substitute?
a. having a friend witness the verbal agreement
b. a video or audio recording of the verbal agreement
c. the words \i promise\ spoken in a verbal recitation of the contract
d. a firm hand-shake between all those involved in the contract

Explanation:

Analyze the purpose of written contracts

Written contracts serve as objective, permanent evidence of the terms agreed upon by all parties. They prevent disputes regarding what was promised, by whom, and under what conditions.

Evaluate the options as substitutes for writing

• a. having a friend witness the verbal agreement: A friend is not an objective third party, and human memory of spoken words is highly unreliable over time.
• b. a video or audio recording of the verbal agreement: A recording captures the exact spoken terms, the identities of the parties, and their clear verbal assent in a permanent, unalterable format. This provides the strongest objective evidence of the agreement's terms.
• c. the words "I promise" spoken in a verbal recitation: Simply saying "I promise" does not create a permanent record of the actual terms of the contract, leaving it vulnerable to memory lapses or disputes.
• d. a firm hand-shake: A handshake is a symbolic gesture of agreement but provides no record of the specific terms, conditions, or details of the contract.

Determine the best substitute

A video or audio recording is the most reliable substitute because it preserves the exact verbal terms and mutual assent in a verifiable, permanent medium, mimicking the evidentiary function of a written document.

Answer:

• a. having a friend witness the verbal agreement
• b. a video or audio recording of the verbal agreement (Correct answer)
• c. the words "I promise" spoken in a verbal recitation of the contract
• d. a firm hand-shake between all those involved in the contract