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do oral agreements count for anything

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  • 21-04-2011 10:58pm
    #1
    irishh_bob
    Closed Accounts Posts: 5,700 ✭✭✭


    a local farmer approached me last month about renting some land i own for grazing cattle , this practice is known as con acre and involves renting farm land from around april 1st to december 1st , anyhow , we agreed on a price and that was that , out of the blue last monday he told me he wasnt going ahead with it and made what were alotgether spurious excuses, i now find myself without a tennant and with little chance of finding one as thier is a narrow anual time frame in which to let out land for this purpose , i stand to loose 3000 euro , my question is this

    have i any recourse in this matter , can you without any fear of consequence , welch on an oral agreement and simply walk away


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    #2
    234
    Registered Users Posts: 1,529 ✭✭✭234


    The problem is generally proving it. The Statue of Frauds and various other pieces of more recent legislation require certain kinds of contract to be in writing. Other than that you can contract orally. However, the problem is proving it. If you go to court looking for damages for breach of contract then you only have your word against his and you need to conince the judge that your are that bit more credible than him (balance of probablilties).


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    #3
    irishh_bob
    Closed Accounts Posts: 5,700 ✭✭✭irishh_bob


    234 wrote: »
    The problem is generally proving it. The Statue of Frauds and various other pieces of more recent legislation require certain kinds of contract to be in writing. Other than that you can contract orally. However, the problem is proving it. If you go to court looking for damages for breach of contract then you only have your word against his and you need to conince the judge that your are that bit more credible than him (balance of probablilties).


    thanks for the quick reply

    sounds like a 50 - 50 shot at best


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    #4
    Irish Fire
    Registered Users Posts: 603 ✭✭✭Irish Fire


    234 is right although oral contracts have been upheld in court before, 50/50 chance may be true but how much more than 3k do you stand to loose.......


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    #5
    coylemj
    Registered Users Posts: 25,345 ✭✭✭✭coylemj


    You should have done what most people selling a car do, ask for a non-refundable deposit pending the closing of the deal, otherwise you tell the prospective buyer/tenant that you will be prepared to accept a higher offer from someone else in the meantime.


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    #6
    irishh_bob
    Closed Accounts Posts: 5,700 ✭✭✭irishh_bob


    Irish Fire wrote: »
    234 is right although oral contracts have been upheld in court before, 50/50 chance may be true but how much more than 3k do you stand to loose.......


    no more or no less than 3 k , sure id be waiting for years for a date in court


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