Before an oral contract dispute is initiated, you should take a moment to confirm that you have actually entered into a contract. The difficulty with oral agreements is that it is possible that two parties may be on different sites. A breach of the oral contract may occur if there is an agreement between two parties, but a party does not comply with the agreed terms. Read 3 min If you have an oral contract to be applied in Massachusetts, the Katz Law Group can help you fight to ensure that the terms of your agreement are respected and that you receive the compensation to which you are entitled. Contact us today for a consultation. Our lawyers represent companies in Worcester, Marlborough, Framingham and beyond. In anticipation of a dispute, I recently found thinking about this quote. There is a general misunderstanding that they cannot have a contract unless it is written. In general, this is not true; Oral agreements can be binding contracts. Whether you think your dispute will be tried, your first step in proving an oral contract is to speak to a lawyer. As a general rule, British law considers oral contracts to be as binding as written contracts, which is why they withdraw to court. However, where you may encounter difficulties, is proof of the terms of the contract for which you must provide evidence to the court.
With respect to the first two points mentioned above, our verbal exchanges are probably considered an offer and an acceptance. But what about the next three ingredients in a contract? Was there “reflection”? 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 party wishing to implement the agreement has the difficult task of proving the terms of the agreement and the existence of an oral agreement. Too often in contractual verbal situations, the evidence turns into a “he said, he said” situation that makes it difficult to know exactly what was agreed between the parties to the oral contract. As a general rule, the parties do not agree on what the terms of the contract were or how they should be interpreted. Many people are unaware that, in many cases, oral agreements are as binding as written contracts.