Oral promises can be legally binding if they meet these standards… So be warned! In some circumstances, you may be bound by what you say. For a contract to be legally binding (whether oral or written), you need four elements: if your employment contract contains a provision that you are entitled to a certain number of shares at any given time and you do not receive these shares, you may eventually file an application in court to force the employer to transfer the shares to you in accordance with the terms of the employment contract. For each contract to be compulsory under English law, there are four basic conditions; offer, acceptance, reflection and the intention to create a legal relationship. On the other hand, a written contract is an agreement that is recorded in writing and signed by the parties to prove their agreement. With regard to the acts of repression that the court had found, there was the failure to proceed with a plan to transfer Mary`s shares to Debra. The applicants argued that the Tribunal`s finding that there was a valid contract for the transfer of outstanding shares was incorrect. However, the Appeal Division upheld the court. If you enter into court proceedings on the basis of an oral agreement, a judge will review the evidence presented, including the testimony and all relevant documents. Unfortunately, judges do not have magical powers to determine who is telling the truth. If you try to reach an oral agreement, your testimony will be decisive and a judge will want to know what was agreed, when and why. The judges will also follow common sense and see if what you are saying seems credible. Once the verbal exchange has been proven, the question arises as to whether the elements of a binding agreement exist: an offer, acceptance and consideration.
This means that there should be an identifiable exchange of something for the promise made, such as money, or approval to take a job in exchange for the promise of actions to make the promise legally enforceable. The High Court found that there was indeed a full and binding agreement prior to Mr. Batters` death.