Also known as: written contracts · contract in writing
Written by attorneys · grounded in primary & secondary sources — see below
A contract whose terms are set forth in a writing signed by the parties.
Select any source to read its text and confirm it supports the definition.
Willow Walker sold land to Wyatt Wilson under a purchase agreement that included a merger clause declaring the writing the complete agreement. After closing the deed contained no reference to an earlier oral promise about boundary fencing. The merger doctrine prevents Wyatt from enforcing the omitted promise against Willow.
Wanda Weaver sent Wade Watson a letter outlining proposed delivery dates for equipment. The parties later executed a formal written contract that incorporated those dates without restating them. The preliminary letter thereby became part of the integrated written contract between Wanda and Wade.
Winston Ward and Willa Whitman formed a joint venture through a detailed written contract allocating management rights and profit shares. After disputes arose Winston claimed additional oral understandings altered the allocation. The written contract alone governs the parties' fiduciary obligations.
Waverly Insurance required a written advance directive from its insured before honoring a request to withdraw life support. Family members offered only oral statements of the insured's wishes. The written directive alone determines whether the insurer must honor the withdrawal request.
Willowbrook Capital arranged a surrogacy through a written contract signed by the intended parents and the surrogate. After birth the surrogate sought to retain parental rights. The written contract controls the determination that the intended parents are the legal parents.
Wellesley Media leased space under a written contract containing an express prohibition on assignment without consent. The tenant later attempted to assign the lease to a third party. The written clause governs whether consent may be withheld.
A merger clause states that the written contract is the complete agreement and supersedes prior negotiations. After the buyer accepts the deed, merger and parol evidence rules limit enforcement of promises not reflected in the deed unless fraud, mistake, or a collateral agreement applies.
Yes. Even when an initial communication is not itself an offer, promises or representations it contains may be incorporated into a subsequent written contract when the parties so intend.
Yes. An oral agreement to sell land is generally unenforceable unless a signed writing satisfies the statute or an exception such as part performance applies.
…life does. At common law and by statute in most States, the parol evidence rule prevents the variations of the terms of a written contract by oral testimony. The statute of frauds makes unenforceable oral contracts to leave property by will, and statutes regulating the making of wills universally require that those instruments…