What constitutes an enforceable verbal contract?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What constitutes an enforceable verbal contract?

I work in a salon as an independent contractor. Upon informing the salon owner I was leaving the salon she threatened to sue me for the cost of a device she purchased for my use. When I was hired we had a verbal agreement that she would purchase and maintain all supplies and product’s I needed for my services and in turn she would get 60% of the profit. After she purchased a $3000 device she came to me with a contract which said I would pay for the devise within one year of purchase. I refused to sign the contract but she is claiming we had a verbal agreement and verbal agreements are honored and she will sue me for what is owed if I leave the salon. Does she have a case against me?

Asked on August 12, 2015 under Business Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Legally, a verbal agreement--though the correct term is "oral agreement"--is enforceable in most cases and should be enforceable in this case. An agreement, however, requires just that--*agreement* between two parties. If you did not agree to her terms, there was no enforceable or binding contract. She, of course, can lie and try to convince a court that you did enter into this agreement, and if she could do so, she could potentially get a judgment against you. However, while possible for her to win, it would be an uphill battle: if she were to sue you, she would be the plaintiff, and the burden of proof is on the plaintiff. That means that she has to prove her case; you technically do not need to prove your version, though you of course may present your own evidence and testimony to undercut or contradict whatever she says. The burden of proof is not high in civil (non-criminal) cases like this, but since the burden is on her, if she sues you and a court can't decide which of you is telling the truth about the agreement, you'd win: she must be more persuasive and credible than you to have a chance of winning.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption