Subsequent conduct, including the absence of any written demand or record consistent with an alleged oral promise over a period of years, and inconsistencies between the alleged oral promise and later written demands and pleadings, constitutes powerful evidence against the existence of the alleged oral agreement. An executive director of a listed company does not have implied actual authority to unilaterally bind the company to an unusual or significant contract outside the ordinary course of business, particularly where the third party is aware that board approval is required for such transactions. A claim for unjust enrichment that fails to plead a qualifying or vitiating factor is deficient and properly abandoned.
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