Not exact matches
Any claim, dispute, or controversy («Claim») arising out of or relating in any way to: i) this
Agreement; ii) the Savings Account; iii) your establishment of the Savings Account; iv) your use of the Savings Account; v) the amount of available funds in the Savings Account; vi) advertisements, promotions or
oral or written statements related to the Savings Account; vii) the benefits and services related to the Savings Account; or viii) transactions made using the Savings Account, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by
binding individual arbitration conducted by the American Arbitration Association («AAA») under its Consumer Arbitration Rules.
Let's put aside whether or not an
oral agreement is
binding, because the best practice is to confirm any settlement in writing.
The Supreme Court adopted the Court of Appeal's description of the position under standard contract law (see Lord Clarke's judgment at para 20): ordinarily where the terms are in writing and there are no
oral terms then the written terms will, prima facie, represent the whole of the parties»
agreement; the parties are
bound by the written terms when they sign the contract; the written terms will stand unless they do not accurately reflect what was agreed because of a mistake (generally common to the parties); and no terms which conflict with the express terms can be implied into the contract.
Commercial court considers requirements for
oral agreements to be legally
binding
If there is an intent that the
agreement along the lines discussed be reduced to writing and signed, this suggests that the parties didn't understand that their
oral agreement was intended to be final and
binding.
This
agreement constitutes the entire contract between the SCHOOL and the STUDENT, and any
oral assurances or promises not contained herein shall not
bind the SCHOOL or the STUDENT.
The court also found that none of the conversations between the parties demonstrated an intent to be
bound by an
oral agreement.
Sholom & Zuckerbrot Realty Corp. v. Citibank (205 A.D. 2d 336) alleged
oral brokerage
agreement not within Statute of Frauds (GOL § 5 - 701 [a][10]-RRB-; summary judgment in favor of Citibank reversed and broker's motion for certain discovery granted; issues of fact are raised as to whether
binding oral brokerage
agreement existed (notwithstanding that bank did not own property, its position was enhanced as mortgagee).