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What statute or case law says that there cannot be a lawsuit without a written/oral agreement?

1 Answers. Asked on Nov 28th, 2016 on Contracts - California
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I'm a first year law student, and I have to do legal analysis on a contract case. I know that to take someone to court, there has to be a written/oral agreement. There has to be a contract. But in which statute/case law is this mentioned? My entire analysis is based on this. X wants to sue Y, but there is no contract between them. My argument is that X cannot sue Y because there is no written/oral agreement, but where can I find that law?
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Answered on Dec 03rd, 2016 at 6:11 PM

Look up the doctrine of privity of contract.  There is a related doctrine of privity of estate.

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Most people and business enter into contracts on almost a daily basis. Simply put, a contract is a legally binding agreement between two parties. One party makes an offer to do something in exchange for "consideration," or payment, and the other party accepts that offer. Contacts can be verbal, in writing or even implied. Some contracts--such as signed credit card receipts--are very simple. Others--such as those used to buy or sell real estate--are far more complicated. If you are entering into a complex transaction, it pays to hire a contract law attorney as early as possible in the process. Your lawyer can help negotiate the terms and conditions of the agreement, then draft the contract or review the contract that has been presented to you. Law firms with experience in contract law can also defend you if you or your company has been accused of breaching a contract, or if you need assistance enforcing a existing contract.
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