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HND Business Law - Essay Example

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Before the written language, contracts were verbal and carried a great deal of legal weight. Verbal contracts are still in force today, although in a different form and with different…
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Download file to see previous pages ement is entered into, regardless of the manner in which it is executed, all parties agree to abide by the terms and conditions spelled out in said agreement. Only if all parties agree to be released from a particular clause in the contract, or an agreement is reached to null and void the entire contract, it remains in force. If violated, one party will likely have a claim against the other in a court of law. This brief section covers all three of these different types of contracts.
When considering verbal agreements and contracts, it is important to remember that they are legally binding as a written contract in many situations. The key today, however, is proving the terms and conditions in question when a disagreement arises in a modern business situation. Under UK law, it has been largely determined that there are two main areas that constitute an actual binding agreement between two or more parties. The first involves whether or not an agreement was actually clearly reached as to the services that were to be performed, or goods provided. The second involves remuneration. If a figure was reached and agreed upon, it would be considered binding. Interestingly enough a verbal agreement today can be reached via either an in-person or on telephone voice exchange, or via email. Verbal contracts are more difficult to prove in a court of law. If one party states that the other party did not meet the conditions or warranties stipulated in the agreement, then problems can arise. If these are written out in a formal and written agreement, the issue is often quickly resolved. If, however, the agreement was verbal in nature, it can quickly become a ‘he said, she said’ affair that makes it difficult to prove one way or other in court. As such, it is recommended that the terms and conditions be clearly spelled out in a contract.
Written agreements, quite simply, are similar to verbal agreements, except that they have a verifiable signature on them from all ...Download file to see next pagesRead More
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