Verbal contracts are technically enforceable. You can go to court and obtain a judgement against someone who doesn’t respect a verbal agreement. So why bother getting it in writing? Here are a couple of basic reasons why everyone should use a written agreement instead of relying on a verbal agreement:

1.       Everything must be proven to the judge to make a claim in court. With a written agreement, this is relatively easy because everything is there in black and white. With a verbal agreement, the other party could simply deny that there was any agreement. Even an honest opposing party may have a drastically different recollection of the contents or extent of your agreement. At its best memory is inaccurate and it tends to get worse as time passes.

2.       Your agreement defines everything about your relationship with the other party. Verbal agreements tend to be no more than a few sentences which leaves a great deal open to interpretation. It also creates the possibility that your agreement could change over time. A written agreement is much more comprehensive and is much more likely to have dealt with the variety of issues that might lead to a dispute. It is also fixed in time and remains unchanged unless the parties expressly agree to change in in a subsequent written agreement.

So, while verbal agreements are technically enforceable, you can save a great deal of time and money by having your agreements professionally drafted in writing by a lawyer familiar with Nova Scotia law.

If you have any questions about contracts you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Issue Review Consult for $250+HST where you have the opportunity to explain your situation to a lawyer and get basic advice before deciding whether or not you'd like to retain us.  

By: Dianna M. Rievaj, MBA, LLB - Founding Lawyer

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