When dealing with verbal contracts, it can sometimes be challenging to prove their existence or enforceability. Unlike written agreements, verbal contracts lack a tangible record of the terms agreed upon by both parties.
However, proving a verbal contract is not impossible. In this article, we will discuss some useful tips on how to prove a verbal contract.
1. Keep Records
Even though there`s no physical evidence of a verbal contract, it`s still essential to maintain records of the agreement. Write down the terms of the contract and email them to the other party. This will establish a clear record of what was agreed upon, which can be used as evidence if a dispute arises.
2. Witness Statements
If there were any witnesses present during the verbal agreement, their statements can be valuable evidence in proving the contract. Be sure to collect the witness`s name and contact information, as well as their version of the contract terms. Their testimonies can be used as evidence in court proceedings.
3. Emails and Text Messages
Email and text message exchanges can be used to prove the verbal agreement. If the terms of the contract were discussed in writing, such as via email or text message, they can be used as evidence. For example, if you and the other party exchanged emails discussing the terms of the contract, those emails can be used as evidence of the verbal agreement.
4. Performance of the Contract
If both parties have already started performing the contract, it can be used to prove the verbal agreement. For example, if you agreed to provide a service, and the other party has been paying for it consistently, it can be assumed that there is a valid agreement in place.
5. Expert Testimony
Expert testimony can also be useful in proving the existence of a verbal contract. For example, if you entered into an agreement with an expert in a particular field, that person could testify in court about the verbal agreement`s terms and conditions.
In conclusion, proving a verbal contract may be a challenge, but it`s not impossible. Maintain clear records, collect witness statements, use email and text message exchanges as evidence, consider the performance of the contract, and rely on expert testimony to establish your case`s validity. By taking these steps, you can increase your chances of proving a verbal contract and enforcing its terms.