Verbal Agreements?

DonalB1

Hi,

Just a quick one for anyone in the legal profession or anyone with knowledge on the subject.

I entered into a contract for work. We discussed the terms beforehand. The contract was drawn up but there was a big rush as there was a deadline. I signed but later on I noticed that one of the terms we had verbally agreed on was omitted or forgotten. Is there anything I can do now after the contract has been signed??

hullaballoo

This is quite a common complaint. It depends on your employer and whether they were trying to pull a fast one or simply neglected to include the orally agreed terms in the written document.

If it's the latter, simply writing to your employer pointing out the discrepancies and requesting that the written contract be amended to give effect to the actual agreement, that could sort it for you. If your employer is a bollox, this same, quite reasonable approach, could cause you problems.

DonalB1

hullaballoo wrote: »

This is quite a common complaint. It depends on your employer and whether they were trying to pull a fast one or simply neglected to include the orally agreed terms in the written document.

If it's the latter, simply writing to your employer pointing out the discrepancies and requesting that the written contract be amended to give effect to the actual agreement, that could sort it for you. If your employer is a bollox, this same, quite reasonable approach, could cause you problems.

Haha thank you. Ok so even though the original official document has been submitted, a separate document can be drawn up and signed ?

hullaballoo

Yes in most cases.

If you are concerned about this or if you meet resistance in seeking to have the matter clarified, the next step is to go to your solicitor.

DonalB1

hullaballoo wrote: »

Yes in most cases.

If you are concerned about this or if you meet resistance in seeking to have the matter clarified, the next step is to go to your solicitor.

I think there won't be a problem getting this drawn up. Should it be identical to the original with the forgotten parts added in or should it just be a document starting what was ommitted? Thank you for your help.

hullaballoo

Either will do.

This, despite the terms and language, is a relatively informal process by contract law standards.


ETA: For clarity, simple contracts have more room for manoeuvre than contracts under seal (for example) and the intentions of the parties are paramount when it comes to reading them.

DonalB1

hullaballoo wrote: »

Either will do.

This, despite the terms and language, is a relatively informal process by contract law standards.


ETA: For clarity, simple contracts have more room for manoeuvre than contracts under seal (for example) and the intentions of the parties are paramount when it comes to reading them.

Probably doesn't make any difference but I have texts stating the part they omitted. Not sure if I could hold them to that if it came to it though.

redroisin

I hope someone can help me. I paid a "friend" for a foal inutero last year, when the foal was 5 months old, he talked me into taking next years foal by the same parents in the hope it is a filly not a colt, as he said a filly would be easier to show, and when I said I wanted to see the current foal before deciding he said there was no point, I was much better off taking the 2020 one. He insisted we "shake" on it, but then a few weeks later, I said I'd rather see him before making up my mind but was refused. So I have asked for a written contract for next years foal and he said he'd send an email confirming the money I've paid will be for next year's foal instead, regardless of sex... but is dragging his heels. My question is, with proof of payment and conversations on messenger proving all this, where do I stand legally? Do I legally still own this year's colt or did the verbal agreement nullify that... and what can I do to ensure I definitely get next years foal from this cross?

Claw Hammer

You should go to a no-foal no-fee solicitor.

Mod
CH, usually you are more helpful here

redroisin

Claw Hammer wrote: »

You should go to a no-foal no-fee solicitor.

Mod
CH, usually you are more helpful here

It's not a breeding to my mare, it's an unborn foal that I've paid for.

Samuel T. Cogley

I'm sure that was on my contact law paper :pac:

It looks to me you've made an agreement for the 2020 foal and a verbal agreement is enforceable. However going to court may be more money than it's worth and technically you'd be looking for specific performance so that complicates things.

This one could be a fun one.

redroisin

Samuel T. Cogley wrote: »

I'm sure that was on my contact law paper :pac:

It looks to me you've made an agreement for the 2020 foal and a verbal agreement is enforceable. However going to court may be more money than it's worth and technically you'd be looking for specific performance so that complicates things.

This one could be a fun one.

Thank you, So he IS bound to give me the 2020 foal even though I can't get him to make a new written contract?

Samuel T. Cogley

redroisin wrote: »

Thank you, So he IS bound to give me the 2020 foal even though I can't get him to make a new written contract?

I can't give you a definitive answer I'm afraid, you'll get a good discussion around it though.