What Constitutes A Verbal Agreement

In many contractual situations, a written contract may originally exist, but the parties agree to change one or more conditions orally. If this is the case, the modification of the oral contract will be treated as an oral contract and will be subject to the same restrictions and enforceable as other oral contracts. The party wishing to enforce the agreement has the difficult task of proving the terms of the agreement as well as the existence of an oral agreement. The first element is that of an „offer“. An offer occurs when one party proposes the terms of an agreement to another party. The terms of the offer must be so clear that a reasonable person can understand them and be expected to comply with them. If a person does not accept the conditions but proposes new or slightly different conditions, this will be considered a „counter-offer“. The classic problem with oral contracts is that it can be terribly difficult to prove the terms of the agreement in the event of a dispute…