Park v. Ahn

1 Citing case

  1. Ecore Int'l, Inc. v. Downey

    343 F. Supp. 3d 459 (E.D. Pa. 2018)   Cited 45 times

    The parties have not addressed the standard of proof Downey must satisfy, specifically, whether the existence of the alleged oral contract must be established by a preponderance of the evidence or by the more stringent standard requiring "clear and precise" evidence. See, e.g.,Park v. Ahn , No. 15-678, 2018 WL 3031851, at *4-6 (W.D. Pa. Jun. 19, 2018) (collecting cases and discussing standard of proof necessary to show existence of oral contract); Fish Net, Inc. v. ProfitCenter Software, Inc. , No. 09-5466, 2013 WL 5635992, at *4 (E.D. Pa. Oct. 15, 2013) (same). The Pennsylvania Supreme Court has held that an "oral contract which modifies or changes or cancels a prior written contract must be proved by evidence which is clear, precise and convincing."