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    • Join Date: Dec 2008
    • Posts: 440
    #1

    Talking Oral contract also one of contracts

    Hello~ Can you help me say this naturally please?

    Landlady: This month you guys over used water. There is no way but I have to charge you $20.

    Tenant: Hang on, when I make contract you told me you are not going to charge over $10.

    Landlady: I told you but that is not written on the contract.

    Tenant: Oral contract also one of contracts and it is still effective.
    And I actually wasn't here for that 1 month.
    It is already not fair enough for me to have to pay $10, you are even saying to pay $20?
    Sorry I can't take it.


    • Join Date: Oct 2006
    • Posts: 19,434
    #2

    Re: Oral contract also one of contracts

    "An oral contract is not worth the paper it is written on".


    • Join Date: Oct 2006
    • Posts: 19,434
    #3

    Re: Oral contract also one of contracts

    Quote Originally Posted by flytothesky View Post
    Hello~ Can you help me say this naturally please?

    Landlady: This month you guys over used water used too much water. There is no way but I have I will have to charge you $20 for that.

    Tenant: Hang on, when I make contract we discussed terms, you told me you are not going to charge over $10.

    Landlady: I told you I may have said that at the time, but that is not written into the contract.

    Tenant: Oral contract also one of contracts and it is still effective.
    And I actually wasn't here for even one month. It is [STRIKE]already[/STRIKE] not fair enough for me to have to pay $10, you are even saying to pay let alone $20. Sorry, I can't agree and will only pay the $10..
    ..


    • Join Date: Feb 2009
    • Posts: 364
    #4

    Re: Oral contract also one of contracts

    Oral contracts are not recognized at all in some jurisdictions, even if they occur on television with millions of witnesses.

    All agreements are not contracts, to be a contract there has to be an intent to form a legal relationship. Since you have a written contract, it is easy to argue that had the intent been there it would be present in the written contract. Then you have the issue of proving that the conversation ever took place, the counter party will surely deny it or alter the words in her favor.

    I dont think you have a leg to stand on. If you used $20 of water someone is going to have to pay for it. It was you that used it so it seems right that you should pay.


    • Join Date: Dec 2008
    • Posts: 440
    #5

    Re: Oral contract also one of contracts

    Many thanks for the help

    Can I ask you one more thing?

    Are they would be correct sectence?

    ⓐBecause an oral contract is not valid at all, you had better to make paper contract in case.

    ⓑBecause an oral contract is not effective at all, you had better to make paper contract in case.

    • Member Info
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    • Join Date: Nov 2002
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    #6

    Re: Oral contract also one of contracts

    ⓐBecause an oral contract is not valid at all, you had better to make paper contract in case.


    In English law and in many countries that have similar law, a contractcan be written, verbal or even behavioural; if you behave as if there were an agreement, sometimes this is enough. In your case, however, there's not much you can do to enforce it, so I'd just accept it but be ready for the next time and get everything in writing.



    ⓑBecause an oral contract is not very effective at all, you had better to make paper contract in case.
    I'd change this because 'not...at all' would be inaccurate and too strong- there are m,any cases where oral contracts have been enforced.

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