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verbal/ written contract

(8 Posts)
Clumsyoaf Thu 28-Feb-13 12:52:34

Quick question - if an organisation cant find a signed contract but you had agreed a verbal agreement can they enforce the written contract?

Collaborate Thu 28-Feb-13 13:45:21

It's enforceable (unless it's a contract for sale of land) but provable? That's a different matter.

Clumsyoaf Thu 28-Feb-13 14:11:38

Ive asked for a copy of the contract with my signature on it (i never signed it - never saw it) but in the interim had a verbal agreement ... they havent produced a signed copy but are trying to enforce on me the terms of the written contract

Clumsyoaf Thu 28-Feb-13 14:11:47

can they?

cumfy Thu 28-Feb-13 14:44:15


Is the short answer.

Not sure what you mean by "can't find" though.

Collaborate Thu 28-Feb-13 14:53:06


Can you elaborate on why you think that a contract being only verbal means it's unenforceable? The only situation it isn't enforceable is in respect of land, although might also be an issue with consumer credit agreements.

cumfy Thu 28-Feb-13 15:00:41

Collaborate, I was answering the question asked by the OP.

No, they cannot enforce an unsigned contract.
I am not commenting on the verbal contract.

MrAnchovy Thu 28-Feb-13 22:16:21

A court of law is interested in the intent of the parties at the time the contract was formed. If they sent you their terms and you then agreed to proceed verbally it is likely that their terms will prevail - this is known as the "battle of the forms".

To be clear on this, if they had put something in writing and you didn't want to proceed on those terms you needed to tell them that in writing and tell them the terms you were prepared to agree, you can't just rely on the fact that you haven't signed their terms: they haven't signed your terms either!

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