Were you told to complete a specific task and do it in a certain way and then suddenly told to do it again in another way? If so, then you may be dealing with an unfair verbal contract.
A verbal contract is a type of agreement where the terms are only discussed verbally. Many companies use verbal contracts in order to avoid written documentation. This is because it’s easy to changed or break verbally agreed terms.
This guide will address the basics about verbal contracts and explore whether or not breaking a verbal contract is illegal.
What Is A Breach of Verbal Contract?
A breach of verbal contract occurs when one contracting party fails to adhere to the oral agreement or promise made with another party. This typically occurs when the exchanged promise or agreement is not fulfilled.
For example, if someone agrees to sell you a car for a specific price, but then later refuses to do so, they are in breach of the verbal contract. A verbal contract is just as binding as a written one, and violates the terms of the agreement as agreed upon in the verbal contract.
If one party does not fulfill their obligations as promised, the other party can take legal action and seek compensation, damages, or performance of obligations. Both parties must follow the verbal contract to protect their rights and ensure a successful relationship.
Elements of a Verbal Contract
A verbal contract is an agreement between two parties that is spoken and not written. It still contains all of the necessary elements of a binding agreement, including an offer, acceptance, consideration and mutual assent.
An offer is an expression to undertake something in exchange for consideration. The acceptance is the offeree’s clear expression of acceptance. Consideration is what each person gains in the agreement, and mutual assent is the parties agreeing to a contingent exchange.
While verbal contracts can be legally binding, they can be difficult to prove. It is often difficult to remember what was proclaimed and agreed upon in a verbal agreement and this can lead to misinterpretation. Additionally, verbal contracts are often not recognized under statute of frauds in certain jurisdictions, which could limit the rights of the parties in a dispute.
Can I Sue for Breach of Verbal Contract?
Yes, you can sue for a verbal contract breach. A verbal or oral contract is a legally binding agreement between two or more parties that is negotiated and agreed upon orally. The law views verbal contracts as if they were written and legally enforceable.
However, they are often more difficult to prove in court. If you can provide proof of the agreement like a written and signed contract, testimony of witnesses or other forms of evidence, you may be able to successfully obtain a judgement in your favor.
Even if there is no hard evidence, you may be able to prevail in court by testimony of both parties on the terms of the agreement and agreements reached prior to and during the contract negotiations. Consult a commercial litigation attorney for legal assistance.
All About Breaking a Verbal Contract
In conclusion, breaking a verbal contract is against the law and can result in serious legal consequences. If you find yourself in a dispute over a verbal agreement, it is important to speak to a legal professional about your rights and options.
Don’t delay; contact an attorney today to ensure your interests are protected.
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