A Verbal Agreement Is Not Worth
Tim I recently read an article by a lawyer about Church membership contracts. He said that an unsigned/bund contract was always enforceable if the person could be tricked into approving it orally. A local community, after the membership had caused a crisis (probably after reading one of my letters) and refused to sign it, asked the leaders to stand up and orally approve the contract. Goldwyn`s actual quote praised a colleague and actually said, “His oral contract is worth more than the paper on which it is written,” he should praise his colleague`s honor and integrity. In modern business, where emails, phone calls and conversations are ongoing and are often essential in time to ensure both work and contract confirmation, care should be taken to ensure that a binding contract is not concluded by chance. For a contract to be concluded, the offer, acceptance, consideration, intention to create legal relationships and contractual capacity must be available. It is also a fundamental principle of contact that there must be a meeting of minds, that the parties must agree on certain conditions before there can be a valid, legal and enforceable treaty. If the parties say different things at different times, there is no meeting of heads, they do not agree on certain conditions and therefore cannot be said that they have concluded a contract between them. In the event of an infringement by oral agreement, the theoretical limit of the damages to be paid is unlimited. I didn`t even bother to ask peres and his team the legal questions of whether secret and oral promises are binding and enforceable. Instead, I focused on practical issues such as, as Israel was able to confirm, whether the Palestinian representatives in Oslo were empowered to make these so-called important oral promises and what Israel would do if they refused these assurances after the signing of the DOP. In internal consultations with Peres` team, I asked (blinking): “If it was acceptable for you to agree only orally on one part of the agreement – the most important part – why would you want a written agreement with the PLO? Either you write everything down or you do everything orally. Rule 5: If you have come to the conclusion that, in the current circumstances, it is preferable to enter into an oral or secret agreement in accordance with Rule 4, do not attempt to impose it prematurely on a binding, written and publicly available agreement. If you try, it will probably fail and everyone will suffer.
A typical example: in 1994, at the signing ceremony of the Gaza-Jericho agreement in Cairo, I caught PLO Chairman Yasser Arafat signing the agreed cards of the agreement (which is an integral part of the agreement), but not actually signing them. Of course, lawyers can argue about what is reasonable or not until clients return home. .