For a contract to be valid, it must have all the essential elements of an enforceable agreement. An important point – many written contracts contain a clause that changes must be made in writing. This is very important to be aware of this, because a verbal change may not be applicable, which may affect your rights. According to the sources, there may be between four and six elements that make a treaty legally binding. Some sources consolidate elements under the same title. The six possible elements are: many oral agreements are often accepted with the handshake so that an agreement has been reached. Many oral contracts are legally binding, but the possibility that a party will not respect its commitment still exists; That`s why people often prefer to make their deals in writing. This is not to say that oral contracts should be opted for. A letter is always better and the costs and turbulence of trying to get a verbal agreement are quickly evident. Such useful clauses, such as the provision of arbitration and mediation or legal fees for the dominant party, may be included in a written contract and cannot be applied in an oral contract. Oral contracts are the most appropriate for simple agreements. For example, an oral contract to trade a used lawnmower for a used tumble dryer does not require much detail.
The simpler the contract, the less likely it is that the parties will have to take legal action. However, more complex contracts, such as employment. B, should normally include written contracts. Complex oral contracts are more likely to collapse when subject to court review, usually because the parties fail to reach agreement on the intricacies of the agreement. This contribution will describe the elements of an enforceable contract and examine why a written contract is better than an oral agreement. (1) An agreement which, according to its conditions, must not be concluded within one year of its completion. Many people are unaware that, in many cases, oral agreements are as binding as written contracts. Oral contracts can be confirmed by a court if a person decides to violate the agreement, although it may be difficult to prove it without written conditions. For example, employers, workers and self-employed contractors may consider it invaluable to document the terms of their agreements in an employment contract or service contract.
While a verbal agreement may be legally enforceable, it can be difficult to prove in court. The short and simple answer to this question is no.