The importance of getting any agreement in writing

As a matter of law, a legally enforceable contract is created when there is (1) an offer; (2) acceptance of that offer; and (3) consideration (usually money). It can be contrasted with a bare promise, which is not legally enforceable.

We tend to think of contracts as documents, but the document is not the contract; it is evidence of it. In some circumstances, the existence of a document may prevent a party from arguing that the terms in the document do not reflect the real agreement of the parties.

In the absence of written evidence of the terms of a contract, or of instructions given to someone in accordance with the terms of a contract, it is very hard to resolve a dispute that might arise about who said what to whom and when.