However, the law considers that full oral agreements are legally binding and that the case can be taken to court for a judge to make the final decision. For example, if you have repeatedly tried to contact them and find a solution and they have refused to commit, this may be information you want to submit to the court. While there may still be confusion as to the terms of the oral agreement, the court may add conditions based on the actions of the parties and the actual circumstances of the agreement, known as «actual conditions». If an employee has carried out part of the operation, from acceptance by phone to delivery of goods, if the payment has been agreed orally, you should also receive a testimonial from him. As with written agreements, an oral contract requires an offer, acceptance of that offer, and consideration (i.e.: A negotiated exchange). Once a full oral agreement has been reached between two «competent» parties, the contract is as binding as a written contract and claims can be brought against an injuring party. While an oral contract may seem obvious to you, you still need to be able to prove it to the court for it to stand up. This is where gathering evidence becomes so important. While you can design an agreement yourself, it`s best for you to consult a professional who is experienced in designing similar agreements and give you an overview of what you need to pay attention to and what you should avoid.
There are several factors that we often forget when drawing up an agreement and it is important that all the relevant details are recorded so that the agreement has little or no ambiguity, especially in the event of a dispute. If it becomes necessary to initiate a lawsuit, the main obstacle is to compile sufficient evidence to support your claim. In the event that you do not find credible witnesses to testify to the oral agreement, it is best to rely on the actions of the injuring party to support your claims; For example, if a large shipment has been made, it can be used as proof of the oral contract. . . .