Can anyone with a legal backround...?

Question

explain to me what the law is when it comes to a "verbal" contract/commitment/promise? What does it involve and how would one go about proving it in court? By proving I mean, to show that a verbal agreement, was was if fact made to myself by "the other party ." Can proving it occured, even be done? I currently reside in Phoenix, Arizona and I know that the laws vary from state to state but, in general is there a "rule of thumb?" May I contact you back IF I have a few more questions...pending the answers I receive? If so, I have opted to receive emails to this question. Please send me an email address to reach you. Thanks so much. I greatly appreciate your time.

Answer 1

A verbal contract is any contract which is expressed in words (written or spoken).

This contrasts with a contract which is implied by actions of the parties. An implied contract can be either implied in fact or implied in law. A contract which is implied in fact is one in which the circumstances imply that parties have reached an agreement even though they have not done so expressly. For example, by going to a doctor for a physical, a patient agrees that he will pay a fair price for the service. If he refuses to pay after being examined, he has breached a contract implied in fact.

An oral contract is a contract that terms of which have been agreed by spoken communication, in contrast to a written contract, where the contract is a written document. There may be written, or other physical evidence, of an oral contract -- for example where the parties write down what they have agreed -- but the contract itself is not a written one.

In general, oral contracts are just as valid as written ones, but some jurisdictions either require a contract to be in writing in certain circumstances (for example where real property is being conveyed), or that a contract be evidenced in writing (though it may be oral). An example of the latter being the requirement that contract of guarantee be evidenced in writing that is found in the Statute of Frauds.

Similarly, the limitation period prescribed for an action may be shorter for an oral contract than it is for a written one.

Answer 2

Verbal contracts are legal and binding. It is always better to get a contract in writing.
If you want to hold someone to a verbal contract and the other party refuses, you can sue in civil court. You present your case and any evidence you may have. The judge then decides.
The court programs that appear on TV during the daytime are largely civil cases where verbal contracts are involved.
If you lend money to someone and that party claims it was a gift, you will win that case. People do not give money to other people just for the heck of it. It is possible, but unlikely.

Answer 3

Contact the Lawyer Referral Service in Maricopa County, Arizona. You get a 30 minute consultation for $25.

The biggest problem with verbal contracts is that there is no way to prove them. It is ususally a he said/she said matter. Please seek the advice of an attorney, not those of us on YA. I'm a legal assistant of 20 years and have worked contact law, but I am in no way qualified to give you legal advice.

Best of luck to you.

Answer 4

A verbal contract is just that. You and another person verbally agreed to something, not in writing. Unlesss there was a witness, it's what is called 'a pissin' contest of you said, they said in court.
Phoenix has at least one legal aid clinic. I suggest you look them up and ask for advice. They charge little or nothing.

Answer 5

unless the other person admits to it there isn't much you can do. sometimes cops will try to shake people down, bring them in and threaten them with 30 yrs in prison if they don't confess but then if you do confess you get the 30 yrs and nothing if you don't. you can't do this but.....You can bring him in and make him lie to the judge and maybe just maybe he will crack and confess.

Answer 6

The era of them being a higher athoraty rule what we do