Legal Question in Civil Litigation in California
Verbal Agreements
If two people (unmarried man and woman) enter into a verbal contractuaral agreement where one party promises and agrees to provide a series of benefits including, but not limited to: complimentary housing, financial consideration, etc., for an un-determined period of time and during the course of the agreement one party decides to change their mind and not fulfill their contractural obligations (without good cause), can this agreement (verbal vs written) in any way be recognized and/or enforced by a court of law.
Additionally if there was siginificant emotional stress, defamation of character and loss of income as a result of this agreement being broken, would that add any weight to the matter?
2 Answers from Attorneys
Re: Verbal Agreements
Verbal agreements can be binding, however, need to know what consideration was given for the promises, agreements made, they must be legal. Also, there is typically no allowance in contract law for emotional distress type damages.
Re: Verbal Agreements
Your question doesn't say anything about the specific facts of your situation, but the general answer is that oral contracts are enforceable, as are oral promises when a party reasonably relies on that promise by acting in a way which would be detrimental to his interests if the promise were not kept. One party's subsequent dissatisfaction with the deal is irrelevant, just as it would be if the case involved a written contract.
There are a number of types of agreements (such as purchases of land and contracts for services lasting more than one year) which are not enforceable unless they are in writing, so the general answer I just gave you may very well not apply in your situation. But even these contracts will be upheld where both sides have completed their obligations. In other words, if the deal is already done the courts won't un-do it for you.
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