One day, General Dayan and I met with Prime Minister Rabin and a group of Israeli officials to inform them of the previous roundtable with the PLO and to receive instructions for the next round. Some of the meeting participants spoke about various additional obligations that they felt should be imposed on the PLO or how other commitments that Dayan and I proposed should be amended to be stricter. To these proposals, General Dayan responded more or less as follows: with the right evidence, you can successfully prove that your oral consent is enforceable. However, before going to court, you need to know if you have enough evidence to prove that your verbal agreement is enforceable. Rule 4: As an exception to Article 1, Rule 2 and Rule 3, you can accept an oral or secret agreement if it is beneficial to both parties and if: a) you understand that the other party`s obligations are not enforceable; and (b) do not make written, binding and opposable commitments to the other party in return. Rule 5: If you have concluded that it is preferable, in the current circumstances, to enter into an oral or secret agreement in accordance with Rule 4, do not try to pass it on as a binding, written and publicly available agreement. If you try to do it, it will probably fail and everyone will suffer. Rule 3: If you know that the other party will not be able to fulfill a particular obligation that you wish, do not insist on including it in the agreement. However, if this provision is crucial to you, you are departing from the agreement. The doctrine of partial performance has developed to mitigate the sometimes difficult consequences of the requirement that the contract be written. Education means that the Court of Justice is in a position to declare the contract enforceable if it is proven that there is an agreement (but which would be necessary for the letter) and that the person claiming that the contract is enforceable has done something that shows that the person is fulfilling the contract, that is, that the contract has been « partially executed ».
In the above case, the Court did not find favour with the son. The evidence showed that it was highly unlikely that there was an oral agreement to support a finding of partial performance. Samuel Goldwyn said: « An oral contract is as good as the paper on which it is written » but this is often not the case. Indeed, the vast majority of transactions between individuals and between individuals and commercial enterprises are the execution of oral contracts. But neither Dayan, the uncle, nor Dayan, the nephew, invented the negotiating principles that separated them for 15 years. More than 500 years ago, in his book Discourses on the First Ten Books of Titus Livius (1517), Niccolo Machiavelli noted that it was « never wise to enter into agreements of questionable respect. » For example, in 1994, at the signing ceremony of the Gaza-Jericho agreement in Cairo, I surprised PLO President Jasser Arafat, who claimed to sign the cards of the agreement (which is an integral part of the agreement) but did not really sign them.