Legal Question in Civil Litigation in Virginia

verbal contracts

my landlord verbally agreed to pay for damages to my property (this agreement to pay is also mentioned in writing....he sent me an email stating that he did agree to pay, but now has decided not to pay) will this email stand up in court to confirm his verbal agreement?


Asked on 1/03/09, 12:05 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: verbal contracts

Oral agreements are binding in most situations (except not in special situations like the sale of land or multi-year business relationships).

However, people joke that an oral agreement is not worth the paper it is written on, because it is hard to prove what was said. Unless there is a third-party witness, it is one person's word against the other. And since the plaintiff has the burden of proof, 50-50 means the plaintiff loses.

It is usually not necessary for an agreemnt to be in writing, but a writing can be EVIDENCE of the oral agreement. So in your case the email is not necessarily the contract but is EVIDENCE that there actually was an oral agreement.

Assuming the court believes he sent the email, it will probably stand up in court.

You might try sending the email back to him and asking him to keep his agreement. What he says in reply to that could (a) be an admission that he did send the email and/or (b) develop further evidence in addition to what you have already.

If anyone heard you talking with him about the agreement, that would also help.

Read more
Answered on 1/03/09, 12:17 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Virginia