Parties to an illegal contract have no standing in court. If one party receives money or property under an illegal contract, the other may not sue to recover what was paid under the contract. Although public policy is difficult to define, it includes some serious breaches of conventional morality or ethics. It is commonly assumed that an enforceable contract must be in writing. This is usually untrue.
Most oral contracts are enforceable, but written contracts are easier to prove.
Some types of contracts must be in writing, for example, contracts for the purchase or sale of any interest in real property, contracts to pay debts of others, and contracts that require more than a year to perform. Although only a few types of contract must be in writing, the terms of a written contract ordinarily may not be contradicted in court by oral testimony. If an award of money is not compensatory because something about the promised performance was unique, the party who breaks a contract may be ordered by the court to perform as agreed. This is called specific performance. For example, real estate is always considered unique.