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To be valid, an oral contract must contain all of the following elements, which are required in any other type of contract: Offer. The offer is the promise to do something?or to not do something?in exchange for what the other party is providing. Acceptance. ... Consideration. ... Meeting of the minds. ... Legally enforceable.
While an oral contract can be enforceable a court will only enforce such a promise if the details surrounding the obligations of both parties are clear and unambiguous.
Is a verbal contract legally binding? Verbal contracts, sometimes called handshake agreements, are legally binding, with a small number of exceptions. Just because oral agreements are difficult to prove, it is advisable for all parties to sign a written document and seek professional legal advice.
The rental agreement also grants the tenant ownership of the property for a set length of time. Because oral agreements are not legally binding, it is always best to obtain a written agreement. Another crucial aspect is that it serves as legal evidence.
An oral agreement is as equally valid, as a written one. The legality, of an oral agreement, cannot be questioned, if it falls under the ambit of the requirements stated in section 10 of the Indian Contract Act, 1872. This was substantiated by the Delhi High Court, in the case of Nanak Builders and Investors Pvt.