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Verbal Contracts and that contract with a vending machine for a Mars Bar

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  • 14-09-2016 3:39am
    #1
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭


    I thought I'd start a general thread to explain something I see here again and again; the misapprehension that a contract has to be written or even recorded somehow.

    All that's required for a valid contract is Offer, Acceptance and Consideration. Consideration is a legal doctrine most easily described as payment*.

    Contract law is replete with various odd cases where various methods of communication have held to be perfectly fine. Believe it or not you enter into contracts all the time, from buying a morning coffee to buying dinner. There is no need for anything in writing save in a small number of scenarios. A 12 month contract will usually continue either 'month to month' or with a notice period to leave - all perfectly legal - no you don't have to have signed anything here either.

    Although in consumer contracts this generally won't happen, acceptance can be imputed by mere payment or use of the service. Again perfectly legal.

    I make this as a general point as many people seem confused they didn't have to 'sign something and send it back' when the excitement of that shiny new phone or TV service wears off. I hope this is helpful to some.

    *Albeit somewhat inaccurately.


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    #2
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    Ah yes sorry! While I'm at it I also meant to include the fact that evidence of various things can simply be someone saying it's so. In matters relating to consumer contracts (and Civil Matters (e.g. Not Criminal Law)) the required level of proof is 51%. If two parties disagree one party need only get 1%. That 1% can be simply being more convincing in your story.


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