VERBAL CONTRACT is a legal agreement made through spoken words rather than in writing. The spelling of this word can be explained using the International Phonetic Alphabet (IPA) as /ˈvəːbəl ˈkɒntrækt/. The stress is on the first syllable, therefore it is pronounced as "VUR-buhl", with the "er" sound in "Ver" being replaced by "u". "Contr-" is pronounced with a short "o" sound, as in "cot", while the final "-act" is pronounced with a long "a" sound, as in "bay".
A verbal contract, also referred to as an oral contract or parol contract, is a legally binding agreement between two or more parties that is made solely through spoken communication, without any written documentation. It is a form of agreement that is based on the parties' spoken words, rather than physical evidence or written terms. In a verbal contract, the parties express their intentions and obligations verbally, often in the presence of witnesses or in other situations where the terms can be reasonably proven.
For a verbal contract to be valid and enforceable, it must meet certain criteria. Firstly, there must be an offer and acceptance, usually expressed orally by the parties. Secondly, there should be a mutual agreement or a "meeting of minds" between the involved parties regarding the essential terms and conditions of the contract. Lastly, the contract must be supported by valid consideration, meaning each party must promise something of value to the other.
Despite being legally binding, verbal contracts can pose challenges when it comes to evidentiary proof or potential misunderstandings due to the absence of written terms. Nonetheless, they are generally enforceable under law, although the burden of proof can be higher compared to written contracts. It is advisable, whenever possible, to have written contracts as they provide a more concrete and reliable source of evidence in case of disputes or disagreements.
The word "verbal" has its origins in the Latin word "verbalis", which derives from the noun "verbum", meaning "word". It entered the English language in the late 16th century. "Contract" comes from the Latin verb "contrahere", which means "to draw together" or "to enter into an agreement". It came into English in the 14th century through the Old French word "contract" with the same meaning. Together, "verbal contract" refers to an agreement or understanding that is expressed through spoken words, without being documented in writing.