Oral Agreement in UK Law

Leading Cases
  • Lloyds Bank Plc v Rosset and Others
    • House of Lords
    • 08 May 1990

    The first and fundamental question which must always be resolved is whether, independently of any inference to be drawn from the conduct of the parties in the course of sharing the house as their home and managing their joint affairs, there has at any time prior to acquisition, or exceptionally at some later date, been any agreement, arrangement or understanding reached between them that the property is to be shared beneficially.

  • Luxor (Eastbourne) Ltd v Cooper
    • House of Lords
    • 12 Dic 1940

    The general presumption is that the parties have expressed every material term which they intended should govern their agreement, whether oral or in writing. But it is well recognised that there may be cases where obviously some term must be implied if the intention of the parties is not to be defeated, some term of which it can be predicated that "it goes without saying", some term not expressed but necessary to give to the transaction such business efficacy as the parties must have intended.

  • Carmichael and Another v National Power Plc
    • House of Lords
    • 18 Nov 1999

    The evidence of a party as to what terms he understood to have been agreed is some evidence tending to show that those terms, in an objective sense, were agreed. Of course the tribunal may reject such evidence and conclude that the party misunderstood the effect of what was being said and done.

  • Rose (F. E.) (London) v William H. Pim Jnr. & Company
    • Court of Appeal
    • 16 Jul 1953

    In order to got rectification, it is necessary to show that the parties were in complete agreement on the terms of their contract, but by an error wrote them down wrongly; and in this regard, in order to ascertain the terms of their contract, you do not look into the inner minds of the parties – into their intentions – any more than you do in the formation of any other contract.

  • Shogun Finance Ltd v Hudson
    • House of Lords
    • 19 Nov 2003

    Where the person signing is also acting as the agent of another, evidence can be adduced of that fact. This rule is one of the great strengths of English commercial law and is one of the main reasons for the international success of English law in preference to laxer systems which do not provide the same certainty.

  • Actionstrength Ltd (trading as Vital Resources) v International Glass Engineering in.GL.EN SpA and another
    • House of Lords
    • 03 Abr 2003

    For in seeking to show inducement or encouragement Actionstrength can rely on nothing beyond the oral agreement of St-Gobain which, in the absence of writing, is rendered unenforceable by section 4. There was no respresentation by St-Gobain that it would honour the agreement despite the absence of writing, or that it was not a contract of guarantee, or that it would confirm the agreement in writing.

  • Steadman v Steadman
    • House of Lords
    • 19 Jun 1974

    In my view, unless the law is to be divorced from reason and principle, the rule must be that you take the whole circumstances, leaving aside evidence about the oral contract, and see whether it is proved that the acts relied on were done in reliance on a contract: that will be proved if it is shewn to be more probable than not.

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Legislation
  • Consumer Credit Act 1974
    • UK Non-devolved
    • 1 de Enero de 1974
    ...... II . Credit Agreements, Hire Agreements and Linked Transactions Part II . Credit Agreements, ...wishes to make representations orally,. . . and where notice is given under paragraph ( b . ) the Director ......
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ...... Rule 15.4 . The period for filing a defence . Rule 15.5 . Agreement extending the period for filing a defence . Rule 15.6 . Service of copy ... receive evidence by telephone or by using any other method of direct oral communication;(e) direct that part of any proceedings (such as a ......
  • Arbitration Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ...... the law relating to arbitration pursuant to an arbitration agreement to make other provision relating to arbitration and arbitration awards and ...to the admissibility, relevance or weight of any material (oral,. written or other) sought to be tendered on any matters of fact or. ......
  • The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
    • England & Wales
    • 1 de Enero de 2014
    ...... "hearing" means an oral hearing and includes a hearing conducted in whole or in part by video ... (a) summary assessment by the Tribunal; . (b) agreement of a specified sum by the paying person and the person entitled to receive ......
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Books & Journal Articles
  • Proprietary Estoppel, Constructive Trusts and Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989
    • Núm. 63-6, Noviembre 2000
    • The Modern Law Review
    ......In 1991 they orally agreed that Brownie Gotts would buy a property in Cromer to be refurbished ...The judge identified a representation (in the shape of the oral agreement and continued acquiescence by Alan and Brownie Gotts) and detrimental ......
  • CHANGING A BARGAIN BY CONFIRMING IT
    • Núm. 33-5, Septiembre 1970
    • The Modern Law Review
    ...... that case, inter alia, a contra& of sale was made orally by Mr. Golden on the Bury St. Edmund's Corn Exchange for the ... convenient to have a written record of an oral agreement, and this explains their widespread use in transactions on ......
  • DOCUMENTATION SURVEY
    • Núm. 23-2, Febrero 1967
    • Journal of Documentation
    • 171-178
    This book is an edited version of the proceedings of the hearing of the case in which the Net Book Agreement was successfully defended against an attack made under the Restrictive Practices Act. Th...
    ......Books are different; an account of the defence of the Net Book Agreement before the Restrictive Practices Court in 1962. London, Macmillan, 1966. ...Not only the written depositions are printed but a great deal of the oral evidence given at the hearing as well. There are many supporting ......
  • Attitudes of psychiatrists, nurses and service users towards prescribing and administrating depot antipsychotic medication
    • Núm. 7-1, Marzo 2012
    • The Journal of Mental Health Training, Education and Practice
    • 9-19
    Purpose: The aim of this paper is to ascertain the attitudes and experiences of psychiatrists, nurse prescribers, and service users with regard to the prescription of antipsychotic medication, the ...
    ...... – This interview-based survey found that though there was some agreement between theattitudes and perceptions of prescribers and service users, ... on assumptions.Originality/value – Even though medication (both oral and depot) has been shown to be useful incertain situations, nevertheless, ......
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Law Firm Commentaries
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