What is the burden of proof for an oral partnership agreement?

California, United States of America


The following excerpt is from Weiner v. Fleischman, 286 Cal.Rptr. 40, 54 Cal.3d 476, 816 P.2d 892 (Cal. 1991):

We recognize that the consequences of finding an oral joint venture or partnership agreement may be serious. However, the serious consequences flowing from a finding that a contract of any kind exists, be it oral or written, are not a sound basis for requiring a higher or lower burden of persuasion. While an oral contract may be easier to create than a written contract, and the precise terms of an oral contract may suffer from the faulty memories of the parties, all oral contracts suffer from these disabilities. We find no compelling reason to assign a higher burden of proof to partnerships or joint venture agreements than any other oral contract. (Accord Bernard v. Vatheuer, supra, 303 Or. 410, 737 P.2d 128, 130.)

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