One step back, how do you define the agreement? Contracts are usually broken because one person has a different understanding of the contract than the other, because even a brilliantly written contract has ambiguity. In a romantic relationship, people usually don't even properly talk over what their agreement is, let alone have a written contract. In the end implicit agreements are not agreements at all.
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Implicit agreements aren’t binding? 🤔 Does this mean oral agreements aren’t binding too?
“Understanding” seems to be a very important ingredient in getting contracts to run smoothly. The moment one party isn’t on the same page, trouble arises.
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I would say that oral agreements are binding but problematic. An oral agreement is likely to have more ambiguities than a carefully written agreement. More room for misunderstandings as you say.
Of course, not everyone wants to treat things so formally. Often people prefer the ambiguity - it allows them to save face when they change their mind about something later.
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