Originally Posted by odoreater
Thank god we don't all live in the world of dkzzzz law, where no agreement is binding unless it is written down. I can imagine the stories:
Man sits down at a cafe and orders a coffee. Server brings him his coffee. Man drinks coffee and stands up to leave. Server: "sir, you must pay for that coffee." Man: "says who?" Server: "sir, there is an agreement implicit in our conduct that you must pay for the coffee." Man: "show me where that agreement is written down." Server: "um, well, gee, uh, err, um, well uh, okay then, I guess you don't have to pay."
dkzzzz - the reason that oral agreements are enforceable is because of common sense, not in spite of common sense.
I disagree with your interpretation of common sense.
The example of bizzaro world should look like this:
The man sits at the table in a restaurant.
Server brings a menu.
Men orders cup of coffee.
Server comes back and apologies for having no coffee left in the shop.
Customer (his voice braking):"But, but your menu clearly says 4 dollars for Irish coffee?"
Server:" Yes it does sir , but we sold it all today to other customers".
Customer (with tears in his eyes): " But I want coffee so much!"
Server:"Sorry sir. I guess you out of luck here"
Customer : "I will sue you restaurant for breach of implied contract ! I'll see you in court!"