There Will Be Blood (2007). Daniel Plainview’s business dealings are transactional and ruthless. He enters agreements with landowners and partners, only to break or manipulate them for personal gain. The film critiques the destructive consequences of this approach, both for individuals and communities.
as circumstances change
Suits. This legal drama centers on contract negotiations, mergers, and business deals. Characters are in constant communication, often renegotiating or exiting agreements as circumstances change. The show highlights how American business culture values strategic flexibility and clear, actionable terms over deep contextual or relational commitments.
made and unmade
Silicon Valley. This comedy series follows tech entrepreneurs navigating the startup world. Agreements—whether with investors, partners, or competitors—are frequently made and unmade, with characters constantly adapting to new information and shifting alliances. The series depicts a culture where ongoing contact and the ability to pivot or exit deals are crucial.
change course when necessary
Super Pumped: The Battle for Uber. Based on real events, this series dramatizes the rise of Uber and its founder’s approach to business agreements. It showcases rapid deal-making, constant negotiation, and a willingness to abandon partnerships or change course when necessary, reflecting the American logic of prioritizing results and adaptability.
walk away
“We can always walk away.” This direct statement illustrates the American logic that participation in an agreement is voluntary and can be ended if it no longer serves one’s interests.
Renegotiation
Frequent Renegotiation and Non-Ratification of Treaties: The U.S. diplomatic history is marked by numerous instances where treaties were signed but not ratified, or where the U.S. reserved the right to renegotiate or withdraw—such as the failure to ratify the 1911 Reciprocity Treaty with Canada or the 1927 Naval Disarmament Conference in Geneva, which ended without agreement.
McDonald brothers
The Founder (2016). This film tells the story of Ray Kroc and the McDonald brothers. Kroc enters into an agreement with the brothers to franchise their restaurant, maintains constant contact as the business grows, but ultimately finds ways to change the terms and force the original owners out. The movie highlights how agreements can be transactional, with parties reserving the right to alter or exit arrangements when it suits their interests.
Paris Peace Accords (1973)
Henry Kissinger orchestrated negotiations to end the Vietnam War, securing the Paris Peace Accords and receiving the Nobel Peace Prize. His approach was rooted in Realpolitik, leveraging strategic interests to achieve complex diplomatic goals.
verbal vs. written
In Germany, a verbal agreement can indeed be legally binding. German contract law, as outlined in the Bürgerliches Gesetzbuch (BGB), recognizes both written and oral agreements as legally enforceable under certain conditions. According to Sections 145 to 157 of the BGB, a contract can be formed through a verbal agreement as long as it meets the essential elements of a contract. These elements include a clear offer and acceptance, an intention to create legal relations, and consideration in the form of a service, product, or payment.
However, not all agreements can be concluded verbally. Certain types of contracts must be in writing to be legally binding. For instance, contracts involving the sale or transfer of real property must be notarized in writing according to Section 311b of the BGB. Similarly, a guarantee agreement must be in written form to be valid, as stipulated in Section 766 of the BGB. Consumer loan agreements also require a written format under Section 492 of the BGB.
While verbal agreements are binding, they can present significant challenges when it comes to enforcement. The burden of proof rests on the party claiming that a contract was formed, and without written evidence, it may be difficult to establish the exact terms of the agreement. Disputes often arise over differing interpretations of what was said, complicating the enforcement of verbal agreements.
Culturally, Germans tend to prefer written documentation even when a verbal agreement is legally valid. This preference is rooted in a desire to maintain clarity and avoid misunderstandings, particularly in business contexts where detailed and precise agreements are the norm. While the law may uphold verbal agreements, in practice, written contracts remain the standard for most transactions, ensuring that all terms are clearly defined and easily enforceable.
verbal vs. written
In the United States, a verbal agreement can be legally binding under certain circumstances. Contract law in the U.S. is governed by state laws as well as the principles outlined in the Uniform Commercial Code (UCC) and common law precedents. For a verbal agreement to be legally enforceable, it must meet specific criteria, including offer and acceptance, consideration, and mutual intent to enter into a binding agreement. However, the enforceability of verbal agreements can vary based on the nature and value of the agreement.
Certain types of agreements, however, must be in writing to be legally enforceable. This requirement is based on the Statute of Frauds, which mandates that certain contracts must be in writing to prevent fraud and misunderstandings. Examples of such agreements include contracts involving the sale of real estate, agreements that cannot be performed within one year, contracts for the sale of goods valued over a certain amount as specified by the UCC, and agreements to pay someone else’s debt.
While verbal agreements are generally enforceable, proving the existence and specific terms of such agreements can be challenging. Courts may require clear and convincing evidence to substantiate a verbal contract. Testimonies, witness statements, and other forms of corroborative evidence can be considered, but the lack of written documentation often complicates enforcement.
Culturally, Americans may be more open to negotiating and entering into verbal agreements than in some other countries. However, in business and legal contexts, written contracts are typically preferred to minimize ambiguities and provide a tangible record of the agreed terms. While the law may recognize verbal agreements as binding, written agreements remain the standard practice, particularly in high-value transactions or complex contractual arrangements.