How to Accept Terms & Conditions Verbally

Verbal contracts are defensible in court, but they require special proof.

The terms and conditions of a verbal contract include any promises you make and any promises made to you from another party. Unfortunately, verbal contracts can be difficult to prove and even more difficult to take advantage of, if the other party changes their minds. You can take precautions to guarantee that the promises others make to you are upheld and that your verbal contracts are defensible in court should the situation deteriorate to that point.

Instructions

1. State your position on the terms and conditions of any verbal promises clearly, making sure that the other side fully understands your position. Include a formal statement of approval, such as stating, "I accept your offer." If your verbal contract does not require an affirmation, such as a promise that a store clerk makes to you when you purchase an item, write the specifics of the promise on the back of your receipt and keep it in a safe place.

2. Make a note of the date, time and location in which someone makes a verbal promise or agreement with you. Include the names and contact information of anyone who is present and who heard the promise. Make a note of all promises that you made, and all promises that others made to you. Remember that a verbal promise is binding, but in the event that you need to prove that the promise was made, you will need to provide witnesses to corroborate the promise. For example, if your boss promises to give you a raise of 5 percent, make a note as soon as your meeting is over stating that the promise was for a 5 percent raise, the names of the people who were present to hear the promise and the current date.

3. Begin acting in accordance to the promise, immediately. Start any training programs that your may require to live up to your responsibilities in the promise. As an example, if your new raise comes with a promotion, sign up to take any training programs that your new position requires and ask your superior to supply any training manuals that you need to study. If you are forced to prove that the verbal contract exists, any changes in your behavior can represent evidence of the promise.

4. Write a formal letter, accepting the terms and conditions of the verbal offer. Include any promises made on both sides. Keep your letter official and respectful. Sign your letter, and make a copy of it for you to keep. Send a copy of the letter to the other party who made the promise.

References

• "Working With Contracts: What Law School Doesn't Teach You"; Charles Fox; 2008
• "Principles of Contract Law 2nd edition"; Robert Hillman; 2006