2. If you can`t avoid making an oral agreement, be sure to keep correspondence and notes about what has been agreed, and then follow the other party with an email or letter confirming the terms. The limitation period is the period within which a party must, in the event of an infringement, bring an action against the other party for damages. With regard to the first two points mentioned above, our oral exchange is probably considered an offer and an acceptance. But what about the following three ingredients in a contract? Was there “consideration”? For example, employers, workers and independent contractors may find it invaluable to document the terms of their agreements in an employment contract or service agreement. While an oral agreement can be legally enforceable, it can be difficult to prove it in court. In a valid contract, one party makes an offer and the other party agrees. This is usually referred to as a “meeting of minds,” with both parties agreeing to these terms. In our example, the aunt offers to borrow money from her nephew, provided he returns it within a reasonable time. The nephew accepts their offer and promises to reimburse it in full after the purchase of his new tire. Many oral contracts are legally binding, but the possibility of a party not respecting its commitment still exists; This is the reason why people often prefer to get their agreements in writing. An oral contract law case is often based on one or both parties clearly invoking the agreement. Oral contracts are most appropriate as a simple agreement, with easily understandable terms and proof of the existence of the agreement.
The application of an oral contract often leads to situations that are difficult to validate without proper proof. Due to what can become a battle between the two parties, it is recommended to consult a contractual lawyer and have a written contract drawn up. If an oral contract is not necessarily the best choice, especially for business contracts, it is sometimes necessary. However, having an experienced lawyer who can enforce your contract is even more important if they are not available in writing. . . .