Can You Prove A Verbal Contract In Court?

Within every busy organisation, agreements will be made. Some of these agreements will be made on paper. However, some will be managed over the phone, through an informal conversation or agreed with a handshake. This is all well and good, until something goes wrong. So, is a verbal contract legally binding and how can you prove a verbal contract in court? That’s what our lawyers in Peterborough look at in this blog post.

Without a written document, the courts will rely on surrounding evidence. They will also rely on the credibility of the parties involved. There are a number of different types of evidence that can be provided to prove a verbal contract in court.

For example, a witness testimony. This is a statement from the parties involved. It could even be a third party that witnessed the agreement being made. A witness testimony is often seen as powerful evidence when a verbal contract is not available.

You may have follow up communications that relate to the deal that took place. This could be emails, texts or messages for example. If these refer to the agreement, then they can support its existence. Even informal communications of this form can still be relevant.

The conduct of the parties after the agreement will also be considered as a way to prove a verbal contract in court too. For example, if one party begins providing the services and the other party accept these services. This would support the existence of a contract or agreement, even if it was only verbal.

If invoices have been issued or payments have made, and these are consistent with the alleged agreement, this will also demonstrate that a contractual agreement existed. Notes and records will confirm this too. Things like meeting notes, contemporaneous notes, diary entries or internal records. These can all be persuasive when it comes to proving a verbal contract in court.

Courts will assess the overall picture. They will look for consistency and credibility, rather than relying on a single piece of evidence. A written agreement is always recommended, but if you have disputes surrounding a verbal contract, then contact our solicitors. We can review the evidence and ensure you have a case. Our legal experts will also put a plan of action in place to avoid issues like this recurring in the future.