Verbal agreement


Whether verbal agreement has a legal standing at court of law ?
 
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Advocate

Yes it has. Agreement need not be written to be valid, verbal agreement are valid too if are within the purview if the Indian Contract Act.
 
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High Court Advocate and IPR Attorney

But as per Section 10 of the Indian Contract Act, oral agreements are not enforceable at law and its very difficult to prove oral agreement in Court of law.

 
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Advocate

Section 10 in The Indian Contract Act, 1872 10. What agreements are contracts.�All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. �All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void." Nothing herein contained shall affect any law in force in [India], and not hereby expressly repealed, by which any contract is required to be made in writing or in the presence of witnesses, or any law relating to the registration of documents. Now where in this section say that oral or verbal agreement not enforceable at law and cannot be proved in court. To prove an agreement one need evidence and there is nowhere laid down that evidence to prove an agreement has to be by some written document only. Matter of evidence comes later and onus to prove an agreement is on the person who allege it to exists.
 
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Advocate

Section 10 in The Indian Contract Act, 1872 10. What agreements are contracts.�All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. �All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void." Nothing herein contained shall affect any law in force in [India], and not hereby expressly repealed, by which any contract is required to be made in writing or in the presence of witnesses, or any law relating to the registration of documents. Now where in this section say that oral or verbal agreement not enforceable at law and cannot be proved in court. To prove an agreement one need evidence and there is nowhere laid down that evidence to prove an agreement has to be by some written document only. Matter of evidence comes later and onus to prove an agreement is on the person who allege it to exists.
 
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As oral agreement is difficult to prove In court, you will major challenge in enforcement ,unless defendant agrees on oral agreement by himself as moral of conduct.
 
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