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The first element is that of an “offer”. An offer occurs when one party proposes the terms of an agreement to another party. The terms of the offer must be so clear that a reasonable person can understand them and be expected to comply with them. If a person does not accept the conditions but proposes new or slightly different conditions, this will be considered a “counter-offer”. While oral and written contracts are enforceable under Massachusetts law, oral contracts are more difficult to enforce in many situations. To enforce a contract, the court must be able to know and understand the essential terms of the agreement. An oral contract is an oral agreement between the parties that is sometimes legally binding. One problem that arises when proving an oral contract is the lack of hard evidence. .