People enter into verbal contracts every time they buy something and they are dealt with in courts of Law often. Written contacts are easier to deal with as the courts can see the exact contact and can easily deal with the legal ramifications of the contract.
People do not realise the number on contracts they make in a day, its a huge amount and that is why 99.999% of contracts are fulfilled and go without any legal claims.
When you go into a shop to buy a pint of milk (an example) you are buying a pint of fresh milk as it states on the label. You get home and find te milk is not fresh so you take it back to the shop. If the shop didnt give you another p[int of milk or a refund you could take them to court and you would win. Even if nothing was said a verbal contract was entered into.
If you however said to somebody I'll buy your house and they said okay i'll take 50,000 pounds for it. And you paid them 50,000 pounds and a week later asked for the deeds and they said I want another 10,000 pounds and you went to court you would probably only get your 50,000 pounds back as verbal contracts are not binding on property.
Most proffesionals want a legal written contact before they start working for somebody as then they have a legal binding document to back up the contract that they have agreed to work under.
Casual labour normally just uses a verbal contract and it works fine in that situation. And both have contracts that they work under just one is verbal and the other is written. The courts would decide on the verbal contract by asking other employess what the employer stipulated with them as te contract and other legal contracts under the rules of employment etc.
2007-02-15 23:50:12
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answer #1
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answered by clever investor 3
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No, you don't have to have the agreement written down to be legally enforceable. I'm not an attorney, but I do know you have to have a 'meeting of the minds'. That is basically, the parties have to understand they have an agreement and they have to understand what the terms of the agreement are (what each party is supposed to do).
People enter into oral agreements all the time. You place your drive-through order at Mickey D's. You and Mickey D have an oral agreement - a contract for purchase and payment of goods/services. You understand (that is your end of the 'meeting of the minds') that when you get to the window you will get your order (what MD's is supposed to do). Mickey D's understands (that is MD's end of the 'meeting of the minds') that you will pay for the order when you get to the window (what you are supposed to do).
We engage in thousands of transactions like that every day...all without the benefit of the agreement being written down... Can you image how our society would grind to a halt if EVERYTHING had to be written down?
Proving the terms of an oral agreement when a problem arises that is another matter...
GOOD LUCK
2007-02-16 00:42:03
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answer #2
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answered by vbrink 4
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Not necessary because the intention to create legal relationship. Both parties need to filful both obligation on one's need in order to filful a contract without writing. - Offer & Acceptance
Casestudy:
A Passenger Vs Bus Service Company.
I board a bus to A destination. I paid my bus fare and I received a bus ticket from the bus conductor or bus auto printing ticket machine. A contract is binded without in writing between you and the bus company but not the bus driver. (Bus driver is an agent of the bus company) This is because by receiving the bus ticket is considered a binding contact to my A destination unless the bus broke down half way or fail to drive the fixed A destination, it is considered the breach of contract or act of neglience depending on the case situation. Thanks for polishing my contract law which it is very rusty over a decade. LOL!
2007-02-15 23:47:57
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answer #3
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answered by Anonymous
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No it doesnt and often people are successfully sued without a document where they have entered into an obvious simple verbal contract ie. Ill do this if you do that.Obviously if it is a larger matter such as property or large financial sums involved get it on paper because it is easier to prove though obviously if other parties or witnesses are involved it can also be easy to prove.
2007-02-16 00:59:42
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answer #4
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answered by frankturk50 6
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I believe certain elements in employment contracts don't have to be written down to be legally binding, such as trust and confidence... it's there even if it isn't written into your contract...
I'm not a lawyer so can't really explain the law very well.
2007-02-15 23:46:31
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answer #5
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answered by spikles00 2
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Yes. It has to be in writing and duly signed by all the parties. In case of conflict that will be the only thing which you can refer to know the contents of the contract et al. Suppose, you said something in haste but the other party believed it. Then in later point of time you just forgot or refused what you had said, who will serve as witness. This agreement will serve as witness.
2007-02-15 23:53:39
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answer #6
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answered by Bhush 1
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Verbally you have a contract. Property requires offer and acceptance in writing in the presence of valuable consideration. (money) Otherwise the contract is invalid.
2007-02-16 02:52:15
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answer #7
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answered by Anonymous
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John grew to become into finding after the valuables at Ernie's request. John's restoration grew to become into in therfore in accordance with that request. John is entitled to be reimbursed for the money he spent at Ernies request, yet Ernie isn't legally obliged to ay him £2 hundred via fact the restoration amounted to previous attention. in the previous refusing to pay, Ernie would opt to contemplate what he's going to do next time he is going away and the home is broken.... John has repaid the sum asked in satisfaction of the debt. He has not greater criminal criminal accountability to George.
2016-10-02 05:51:42
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answer #8
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answered by kampfer 3
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Yes. If there's a conflict in the future how do you resolve a he said-she said situation without a written agreement?
Samuel Goldwyn (of MGM) said, "a verbal contract ain't worth the paper it's printed on."
2007-02-15 23:39:37
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answer #9
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answered by Meg W 5
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No a contract does not have to be in writing unless it deals with property or shipping.
2007-02-15 23:38:43
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answer #10
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answered by cassie s 2
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