by azlotto on April 27th, 2009

azlotto

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Do you consider an oral agreement followed by a handshake a binding contract?

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Answers. 21 helpful answers below.

  • by Ditto on April 27th, 2009

    Ditto

    Between two outstanding people, yes.

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  • by schmee2369 on April 27th, 2009

    schmee2369

    Like scareface said ....

    I only have 2 things in life..."My balls and my word"

    If a person gives there word, they better be held to it...if your not gonna keep it, then dont give your word. It shows what kinda person you are.

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  • by kat on April 27th, 2009

    kat

    I would feel bound.But if it was in writing,then I`d know I could trust the other person...I`d trust them if I knew them trustworthy,but written is safer because it helps us to remember.

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  • by Over and Out on April 27th, 2009

    Over and Out

    Yes, but it's much smarter to get everything in writing! Someone can alway deny agreeing verbally, but a written contract is much easier to prove!!!

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  • by ChandaDiane - est. 1975 on April 27th, 2009

    ChandaDiane - est. 1975

    I think it should. If I tell you something and shake your hand, rest asured that I will be doing all that is in my power to make it happen.

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  • by debtahals wears a curiosity COAT on April 27th, 2009

    debtahals wears a curiosity COAT

    Speaking in terms of ethics? Yes, absolutely.

    And of course, should be entered into only with others who have the same "code".

    But if we're speaking of legalities and courts and people in general? Then .. no ... in a society with gazillions of people and gazillions of situations where we interact .. each with rights and responsibilities? Nope .. GET IT IN WRITING. And even then, get expert advice on what points need to be in the contract. Make sure you know what it means before signing too.

    Would that those simpler days of "shake on it" were still with us!!!
    (But then, there were fights over where a stone wall was set or who owned a cow's calves too. lol)

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  • by Marky Mark on April 27th, 2009

    Marky Mark

    Yes it is...and it's legal too. But if the other guy denies it, it would be hard to prove in court without witnesses. "A verbal contract is not worth the paper it's written on." But then again a dishonest person can weasel out of a written contract as well. I've done a lot of business on a handshake. The golden rule is; Don't do business with people you don't trust.

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  • by zeds_dead_baby on April 27th, 2009

    zeds_dead_baby

    depends on what the deal is obviously, anything with a large amount of money at stake, i want it in writing.

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  • by Lion Heart sleeps on April 27th, 2009

    Lion Heart sleeps

    yep.

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  • by Jadey - Vive la difference on April 27th, 2009

    Jadey - Vive la difference

    Between friends.. hell yeah! Between me and anyone else, I consider my oral agreement set in stone. When it comes to money issues, business etc etc then I don't accept an oral agreement and handshake from them. I want the paper.

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  • by Zibbys Mind Is In the Gutter Today on April 27th, 2009

    Zibbys Mind Is In the Gutter Today

    I would, but in a court it would be useless.

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  • by DukeG on April 27th, 2009

    DukeG

    Yes, I would never for any reason, Break my word.

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  • by Kravenhead on April 27th, 2009

    Kravenhead

    Yes. Will it hold up in court? Probably not; get it in writing.

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  • by --paw43--is back for now on April 27th, 2009

    --paw43--is back for now

    No,it's known as a Gentlemans Agreement but will not stand up in a court of law.

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  • by Darth Continent on April 27th, 2009

    Darth Continent

    I'd call that a "verbal agreement", but if money or goods and services are to be exchanged, I'd get everything down in writing and signed by both parties.

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  • In some states in America. . . . . . . .it IS!

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  • by herbal on June 18th, 2009

    herbal

    Technically, any oral agreement between two parties can constitute a binding legal contract. A bi-lateral contract is formed when to people agree with mirror terms to do something or not do something. If something of value passes between them the contract most certainly becomes enforceable.

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  • by DudeLer 2 on April 29th, 2009

    DudeLer 2

    no, its full of maybes.

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  • by Rev. Doc Holiday on October 18th, 2009

    Rev. Doc Holiday

    They are binding as a written contract, but in a court of law much harder to enforce. That is on major difference between civil law and criminal law- civil law goes by a preponderance of the evidence, not proof beyond any reasonable doubt. Civil court judges like to see papers and dates and 2 or more witnesses that heard the oral contract being formed.

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  • by SABOTEUR on October 18th, 2009

    SABOTEUR

    What's a "binding contract"?

    Any contract can be litigated provided a person has enough resources at their disposal.

    A contract...any contract...is only as good as the people involved.

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  • by john pennington on August 14th, 2009

    john pennington

    Only when a third party witnesses this agreement.

    This is a requirment for an oral agreement to be legal in court.

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