Does a contract to negotiate terms of an agreement need to be an oral agreement?
MultiRegion, United States of America
The following excerpt is from Cohn v. Bank Of Am., No. 2:10-cv-00865 MCE KJN PS (E.D. Cal. 2011):
Copeland v. Baskin Robbins U.S.A., 96 Cal. App. 4th 1251, 1257-58, 117 Cal. Rptr. 2d 875, 880-81 (Ct. App. 2002) ("A contract to negotiate the terms of an agreement is not, in form or substance, an 'agreement to agree.'"). As a result, and based on the lack of clarity regarding plaintiff's allegations pertaining to an alleged breach of an oral agreement, the undersigned will permit plaintiff to amend her complaint to add a breach of contract claim
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