Under common law, contracts do not have to be in writing to be valid or enforceable.

• A. In writing is required to be valid.
• B. They must be in writing to be enforceable.
• C. They do not have to be in writing to be valid or enforceable.
• D. They must be oral.

Answer: (C)

Most contracts formed under common law can be created orally and still be valid and enforceable, as long as the essential elements are present. A contract is valid when there is an offer, an acceptance, consideration, and an intention to create legal relations. Writing is not required for those basics, so a verbal agreement can be binding.

Enforceability, though, can be affected by the Statute of Frauds, which requires certain contracts to be in writing (for example, real estate transactions or certain long-term agreements). When writing is required, an oral contract on those topics may be valid in formation but not enforceable in court unless there is a written document.

So the statement that they do not have to be in writing to be valid or enforceable captures the general rule, with writing only becoming essential in specific statutory situations.