As a professional, I have written the following article on «can you enforce a verbal agreement.»
When it comes to legal agreements, many people assume that a written document is necessary to make it legally binding. However, verbal agreements can also be enforceable under certain circumstances.
A verbal agreement is simply an agreement made by two or more parties that is not written down. While verbal agreements are technically legal, they can be difficult to enforce in court because there is no hard evidence of the agreement. However, there are situations where a verbal agreement can be enforced:
1. Performance of the Agreement
If one party has already started performing their end of the verbal agreement, then it is possible to enforce it. For example, if you agreed to pay someone to mow your lawn and they have already done so, then you will be required to pay them even if there was no written contract.
2. Witness Testimony
If there were witnesses present when the verbal agreement was made, then their testimony can be used to enforce the agreement. This testimony can be used to prove that both parties agreed to the terms of the agreement.
3. Promissory Estoppel
Promissory estoppel is a legal doctrine that can be used to enforce a verbal agreement. This doctrine is based on the idea that if someone makes a promise and another person relies on that promise to their detriment, then the person who made the promise should be held responsible. For example, if someone promises to give you a job and you quit your current job in reliance on that promise, then the person who made the promise can be held responsible for the damages that you have suffered.
4. The Statute of Frauds
The Statute of Frauds is a law that requires certain contracts to be in writing to be enforceable. These contracts include agreements for the sale of goods over a certain amount, contracts for the sale of land, and contracts that cannot be performed within a year. If the verbal agreement falls under one of these categories, then it will not be enforceable.
In conclusion, a verbal agreement can be enforceable under certain circumstances. However, it is always best to have a written agreement in place to avoid any confusion or disagreement. If you are unsure whether a verbal agreement can be enforced, it is always best to consult with a qualified attorney.