Legal Question in Civil Litigation in Virginia

contract agreement

If someone states you will pay them money verbally is it a binding contract? The opposite party sates they never made agreement but acknowledge received funds but not amount stated. Is is binding.


Asked on 7/19/06, 12:56 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: contract agreement

Oral contracts can be as legally binding and valid as written ones. Problems, however, can arise in proving them and the terms which they allegedly contain, as is illustrated in your question.

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Answered on 7/20/06, 10:47 am
Jonathon Moseley Jonathon A. Moseley

Re: contract agreement

In most cases (not the sale of land, for example), a verbal contract is completely binding. But you have experienced the main problem. You say they agreed. They say they didn't. A 50-50 tie means you lose on the burden of proof. That is why some people joke that a verbal contract is worth the paper it is written on.

However, you identify a slightly different situation.

If you can prove that the person received money from you, and there is no other obvious explanation other than it was a loan, then you may be able to prove that it was a loan and you are entitled to the money back.

If you can prove the transfer of money, such as by check, then that is much more than simply a verbal contract.

You should also try to engage the person in a conversation about this in front of a witness, who can then testify to what they admit.

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Answered on 7/27/06, 9:27 pm


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