What is referred to as the fulfillment of contract terms to a reasonable extent without a written contract?

Study for the ASU REA380 Exam 2. Prepare with flashcards and multiple choice questions, each question includes hints and explanations. Get ready for success!

The correct answer is the concept of partial performance. This term refers to a situation in which one party in a contract fulfills some, but not all, of their obligations under the agreement, even in the absence of a written contract. In real estate and other areas of contract law, partial performance can act as evidence of the existence of a contract, particularly when it demonstrates that both parties intended to enter into an agreement and have acted upon that intention.

This principle is often invoked in situations where contracts are not legally enforceable due to the Statute of Frauds, which typically requires certain agreements to be in writing. When one party begins to perform under the terms that were agreed upon (even orally), it may provide sufficient evidence to enforce the terms of the agreement.

Understanding the distinction between this concept and others is crucial. For instance, implied performance suggests that contractual terms can be inferred from a party's actions rather than explicitly stated, but it is not necessarily dependent on the level of performance completed. Verbal agreements indicate informal contracts but don’t inherently provide the same legal implications as partial performance, especially concerning obligations. Additionally, a quasi-contract arises from circumstances where one party is unjustly enriched at the expense of another, typically involving situations where no actual contract exists

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