Is a verbal agreement legally binding in front of a witness?

Answer 1

In English law then yes, it is enforceable but the basic requirements of a contract must be fulfilled. There must be:

Offer
Acceptance
Intention to create legal relations
Certainty of subject matter
A consideration

I will not go into all the legal Jargon that explains the above headings as there are certain legal anomolies and technical variations I have just given you the basic requirements. For a contact to exist between two parties. Written or otherwise.

An example of a verbal contract would be taking a bus.

The bus company OFFER you transport from A to B

You ACCEPT by getting on the bus and telling the driver where you want to go and agree the fare.

The INTENTION TO CREATE LEGAL RELATIONS is that you agree to their terms of carriage and that you will be taken safely to your destination. In return they agree that will be done. (The driver acts as an authorised agent on behalf of the bus company)

Stating your destination is the CERTAINTY OF SUBJECT MATTER.(Taken from A to B on the bus in a timely manner.)

Your bus fare is the CONSIDERATION

Hope this helps.

Answer 2

Yes it can be but it depends on the subject matter. For example a promise of marriage even without the ring is some places is legally binding. If you break the engagement you can be sued for breach of contract. (but almost never happens) You have to have some sort of proof that a verbal agreement took place.
With an engagement there are usually many witnesses. Basically the families of both parties involved.

Answer 3

Yes, an oral agreement is binding, provided you have the necessary proof of the material terms (i.e., witnesses, actions of the other parties, etc). Yes, you have accepted an offer of permanent full-time employment, so that is what you have. It doesn't matter what manager did this or said that; they all represent the same company and the contract is, in fact, binding on the company. At least in theory. What you do NOT have is a contract for any specific period or duration, meaning you can quit at any time and they can fire you at any time. Knowing this, you can STILL have the conversation with management about how they go about changing your status without first discussing it with you. They can then fire you on the spot, or make you an offer of part time with 3 months probation. Bottom line, do you like having that job or not?

Answer 4

Yes it can be legally binding, however you are on shaky ground. To have a stronger case the agreement would have to be witnessed by an impartial witness - not your mate, however this is not essential. The subject matter is also important for example in disciplinary hearings when staff members refuse to sign acceptance of warning etc you can invite 2 witnesses and read aloud the warning and have them sign it on behalf of the employee who is being disciplined. This would constitue the employee being given a warning even though he has not signed to say he/she has received it. This is just one example. In most cases however it is completely dependant on who is reviewing the case, for example have you ever had a discussion and turned round to someone and said you're my witness? It happens all the time. In these cases the person reviewing the case will take into considertaion all of the above and decide dependant on the matter and the reationship to the witness from both parties. I hope this helps

Answer 5

Verbal agreements can be binding, but you will need some proof that the agreement took place. The witness' testimony may not be allowed. You should be able to show that you relied on the agreement as proof that it took place or that the other person to the agreement took some action in furtherance of the agreement. These are difficult to prove.

Answer 6

It all rather depends. I once won a case against my landlord on that basis even though the magistrate was clearly not disposed to rule in my favour; but the landlord did make a pig's ear of the whole thing. I was lucky. It also depends on what it refers to; for example, under English law all gambling arragements are a "gentlemans agreement" so there is no obligation for a bookie to pay out if you put a huge bet at 5000/1 on Elvis arriving in a spaceship at the FA Cup Final and he does.
As Sam Goldwyn once said "A verbal agreement is not worth the paper it's written on."

Answer 7

Depends on the state, I think in most states, YES! Technically in NC, for example, it is legally binding even if is not in front of a witness, but it adds a lot of evidence!

Answer 8

there was a verbral agreement in front of an attorney and contract drawn up now the person refuses to sign the contract the attorney drew up. is it still binding

Answer 9

In my situation my husband has stated to all his children how he would like for one of them to run his business one day. Only his son of a prior marriage works for the business and he has stated that he wants him to take over his business one day in front of the manager of our business. I have worked within our company without pay or a title for 21 years, upon my husbands death will this verbal exchange count as the manager being a witness to his son taking the business from me and leaving me without any income?

Answer 10

It depends upon the state in which it was made and the subject matter of the agreement.