verbal agreement with another

[ldij46]

she is a new-age man hating feminist.

as a conservative i am no longer fit to be in her presence. She expressed a desire to be "liberated" from my oppressive existence. Also wife wants to take vehicle back. I am aware of the ethical dilemma (and i am conflicted by it). just wanted some input on the legal aspect.

Dad, are you sure that this is something you even want to consider at all? Politics are fracturing families all over this country but there is always the possibility that those relationships can be repaired over time. I find the way that you describe your daughter, disturbing.

Do something that is in my opinion is this dishonorable/spiteful? Count on losing your daughter for good...and along with her, any future grandchildren.

In my opinion one of the stupidest moves that parents of adult children make is to try to force their will (or their spite) on those adult children via financial means. Please don't be one of those parents.

 

[stealthy1]

So daughter went to college She is exposed to new people and ideas and forms opinions that Mom/Dad don't agree with. Age-old story.

The more push-back you/Mom give, the more firmly she'll plant her feet. And frankly? Taking back the car as a result of your disapproval?Petty and spiteful.

 

[gdog]

I have read and heard all of your responses trust me. I really don't want to do this. There is quite a bit more to this story but I won't write it here. I have read that any verbal contract that takes over a year to complete must be in writing. Is that true?

 

[army judge]

I have read that any verbal contract that takes over a year to complete must be in writing. Is that true?

It is extremely difficult, often impossible, to PROVE UP the elements of an alleged contract made orally.

You appear to confuse "Statute of Frauds" with a garden variety oral contract.

https://legaldictionary.net/statute-of-frauds/

Statute of frauds

Oral contracts in Ohio:


https://www.avvo.com/legal-answers/are-verbal-agreements-enforceable-in-state-of-ohio-14647.html


Ohio's Statute of Frauds – Get it in Writing! - Finney Law Firm


Can You Sue for Breach of an Oral Contract Under Ohio Law? — The Durst Law Firm


Are verbal contracts valid in Ohio?
...

 

[adjusterjack]

There is quite a bit more to this story

There always is. Sigh.

And since we don't know the whole story, nothing we've told you is of any use to you..

I have read that any verbal contract that takes over a year to complete must be in writing. Is that true?

Ohio statute 1335.05: No action shall be brought whereby to charge the defendant, upon a special promise, to answer for ... an agreement that is not to be performed within one year from the making thereof; unless the agreement upon which such action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith or some other person thereunto by him or her lawfully authorized.

Seems to me that performance has occurred within the first year.

 

[zddoodah]

I have read that any verbal contract that takes over a year to complete must be in writing. Is that true?

No.

What you're alluding to here is something called the statute of frauds. Despite the name, it has little to do with fraud. In a nutshell, it's a law that says certain types of contracts must be in writing to be enforceable (subject to some exceptions). One of those types is contracts that, by their terms, cannot be performed within one year of their making.

You may ask...isn't that what I said? No. Why? Because you mentioned a "contract that takes over a year to complete." That's not the same thing. A contract that cannot possibly, under any circumstance, be performed within one year is subject to the statute of frauds. A contract that happens to take more than a year is not.

For example, let's say that you and I enter into a contract for you to mow my lawn once a week in perpetuity, and I agree to pay you $X per month. That contract could last for years ("in perpetuity"), so it must be in writing, right? Nope. First, either of us could die at any time, and a death would terminate the contract. Second, either of us could terminate the contract at any time.

On the other hand, a contract that requires you to deliver a cake to the local City Council on the 4th of July for the next five years, in exchange for payment, cannot possibly be performed within one year, so it would have to be in writing to be enforceable.

Since your contract appears to be terminable at will, it would not be subject to the statute of frauds.

 

[gdog]

thank you for the replies. wife and i decided to uphold our end of the agreement.

 

[army judge]

thank you for the replies. wife and i decided to uphold our end of the agreement.

10 Traits of a Great Father
Traits That Separate a Great Dad from a Good One
Julian Marcus
June 17, 2018

A good father makes all the difference in a child's life. He's a pillar of strength, support, and joy. His work is endless and, sometimes, thankless. But in the end, it shows in the sound, well-adjusted children he raises.

A good father loves his children, but he doesn't let them get away with everything. He might disapprove of his children's misdeeds, using tough love to prove a point, but he does so through the power of his words.

A good father realizes that his children are human, and that making mistakes is part of growing up. Spending money recklessly, getting into minor car accidents, getting drunk for the first time, even dating questionable people are rites of passage, and a good father recognizes this. However, he makes it clear that repeated irresponsibility won't be tolerated.

1. He Teaches His Children to Appreciate Things
A good father never lets his children take what they have for granted. From the food on the table to the good education he's paying for, a good father will make his children see the value in everything they have. He will ask his child to get a job to help pay for a part of his first car, and take the time to illustrate how important a good education is. He doesn't let his kids treat him like an ATM. Instead, he teaches his kids to appreciate important purchases.

2. He's Open-Minded
A good father understands that times, people, and tastes change over the years, and doesn't try to maintain some gold standard of his own time. For instance, he realizes that body piercings are more commonplace than before and that people talk more candidly about personal issues. In other words, he allows his children to be citizens of their day and age.

3. He Accepts That His Kids Aren't Exactly Like Him
Everyone is different and a father knows this well. He won't expect his kids to live the same kind of life he does, and do the same kind of work. He also respects their values and opinions, as long as they don't harm the family or anyone else.

4. He Spends Quality Time With His Children
A dad knows how to have fun with his kids, too, taking them out to games, movies, and supporting their sports, hobbies, or activities by showing up and taking an interest. He takes the time to listen to his kids and have a good, easy chat with them. He also makes time to help them with their homework, every night if necessary.

5. He Leads by Example
A good father is above the old "do as I say, not as I do" credo. He will not smoke if he doesn't want his kids to, and definitely won't drink heavily. He teaches them to deal with conflict with a family member and with others by being firm but reasonable at the same time.

A good father also illustrates the importance of affection by professing his love for their mother in front of them. And he won't fight with her in their presence. In all, he adheres to the values he'd like his children to follow.

6. He's Supportive and Loyal
Although he may be a football fanatic, if his child doesn't share his love for the game, he accepts it. He may be loyal to his alma mater and dream of having his kid follow his legacy, but if his son prefers to study abroad, he'll support his decision to take a different path.

A good father is also his children's public defender, standing up for them when needed. He waits for privacy to administer discipline. A safety net, a good father is also the person his kids turn to when things go wrong.

7. He Challenges His Kids
A father wants his children to be the best they can be, and gives them challenges that help them grow as human beings. This means giving them some liberty to face setbacks and resolve conflicts on their own. Or it could be a task, such as building something for the house.

If a father wants his children to take over the family business, he teaches them how to keep it flourishing — provided that's the path they want to take.

8. He Teaches His Kids Lessons
From teaching how to shave to encouraging them to be thoughtful and considerate, a father molds his kids into well-rounded members of society. He especially instructs them in proper etiquette, on being honest, and on being thankful.

9. He Protects His Family, No Matter What
A father will do whatever he can for his family. He'll take a second job to help support the family when necessary, and he'll do what he can to keep his family out of harm's way.

10. He Shows Unconditional Love
This is the greatest quality of a good father. Even though he gets upset at his children's faults and may lament that they did not attain what he hoped for them, a father loves his children no less for it.

There are few things as valuable as a father who will do everything he can, and provide all the tools he has so that his children can become better than him.

Traits That Separate a Great Dad from a Good One
...

...
A father is a thing that is forced to endure childbirth without an anesthetic.
A father is a thing that growls when it feels good … and always laughs very loud when it's scared half to death.
A father is sometimes accused of giving too much time to his business when the little ones are growing up.
That's partly fear, too.
Fathers are much more easily frightened than mothers.
A father never feels entirely worthy of the worship in a child's eyes.
He's never quite the hero his daughter thinks … never quite the man his son believes him to be. This worries him, sometimes.
So he works too hard to try and smooth the rough places in the road for those of his own who will follow him.
A father is a thing that gets very angry when the first school grades aren't as good as he thinks they should be.
He scolds his son … though he knows it's the teacher's fault.
A father is a thing that goes away to war, sometimes.
He learns to swear and shoot and spit through his teeth and would run the other way except that this war is part of his only important job in life … which is making the world better for his child than it has been for him.
Fathers grow old faster than people.
Because they, in other ways, have to stand at the train station and wave goodbye to the uniform that climbs aboard …
And while mothers can cry where it shows … fathers have to stand there and beam outside … and die inside.
Fathers have very stout hearts, so they have to be broken sometimes or no one would know what's inside.
Fathers are what give daughters away to other men who aren't nearly good enough … so they can have grandchildren that are smarter than anybody's.
Fathers fight dragons … almost daily.
They hurry away from the breakfast table … off to the arena which is sometimes called an office or a workshop. There, with calloused, practiced hands they tackle the dragon with three heads: Weariness, Work and Monotony.
And they never quite win the fight but they never give up.
Knights in shining armor … fathers in shiny trousers … there's little difference as they march away to each workday.
Father's make bets with insurance companies about who'll live the longest. Though they know the odds they keep right on betting. Even as the odds get higher and higher … they keep right on betting … more and more.
One day they lose.
But fathers enjoy an earthly immortality … and the bet's paid off to the part of him he leaves behind.
I don't know … where fathers go … when they die.
But I've an idea that after a good rest … wherever it is … he won't be happy unless there's work to do.
He won't just sit on a cloud and wait for the girl he's loved and the children she bore. He'll be busy there, too … repairing the stairs … oiling the gates … improving the streets … smoothing the way.
......