Oral Contract in UK Law

Leading Cases
  • Law v Jones
    • Court of Appeal (Civil Division)
    • 10 Abril 1973

    But it is not, in my judgment, necessary that the note or memorandum should acknowledge the existence of a contract.

  • Firstpost Homes Ltd v Johnson
    • Court of Appeal (Civil Division)
    • 20 Julio 1995

    Whereas an oral contract was allowed and enforceable provided that it was evidenced in writing and the memorandum or note thereof was signed by or on behalf of the party against whom it was sought to be enforced, oral contracts are now of no effect and all contracts must be signed by or on behalf of all the parties.

  • Evans (J.) & Son (Portsmouth) Ltd v Andrea Merzario Ltd (Ruhr)
    • Court of Appeal (Civil Division)
    • 13 Noviembre 1975

    The Court is entitled to look at and should look at all the evidence from start to finish in order to see what the bargain was that was struck between the parties. The defendants gave such a promise which to my mind against this background plainly amounted to an enforceable contractual promise.

  • Steadman v Steadman
    • House of Lords
    • 19 Junio 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.

  • Rock Advertising Ltd v MWB Business Exchange Centres Ltd
    • Supreme Court
    • 16 Mayo 2018

    At the very least, (i) there would have to be some words or conduct unequivocally representing that the variation was valid notwithstanding its informality; and (ii) something more would be required for this purpose than the informal promise itself: see Actionstrength Ltd v International Glass Engineering In Gl En SpA [2003] 2 AC 541, paras 9 (Lord Bingham), 51 (Lord Walker).

  • RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Company KG
    • Supreme Court
    • 21 Julio 2010

    Whether there is a binding contract between the parties and, if so, upon what terms depends upon what they have agreed. It depends not upon their subjective state of mind, but upon a consideration of what was communicated between them by words or conduct, and whether that leads objectively to a conclusion that they intended to create legal relations and had agreed upon all the terms which they regarded or the law requires as essential for the formation of legally binding relations.

  • McCutcheon v David Macbrayne Ltd
    • House of Lords
    • 21 Enero 1964

    But they are seeking to establish an oral contract by a course of dealing which always insisted on a written contract. It is the consistency of a course of conduct which gives rise to the implication that in similar circumstances a similar contractual result will follow. When the conduct is not consistent, there is no reason why it should still produce an invariable contractual result. The Pursuer's agent duly paid the freight for which he was asked and accepted the oral contract thus offered.

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Legislation
  • Immigration Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... . (a) under a contract of employment,. . . (b) under a contract of apprenticeship,. . . (c) ...oral or in writing.”. . (4) In section 28A(3)(a) (arrest without warrant) ......
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ....... (8) Oral communication may be used in respect of communications other than those concerning the essential elements of a procurement procedure, provided that ......
  • Contracts (Rights of Third Parties) Act 1999
    • UK Non-devolved
    • 1 de Enero de 1999
    ...... ‘ contract of employment ’ means a contract of service or. apprenticeship, whether express or implied, and (if it is express). whether oral or in writing;. . ‘ employee ’ means an individual who has entered into or works. under (or, where the employment has ceased, worked under) a ......
  • Contracts of Employment Act 1963
    • UK Non-devolved
    • 1 de Enero de 1963
    ......or works under a contract with an employer, whether. the contract be for manual labour, clerical work or. otherwise, be expressed or implied, oral or in writing,. and whether it be a contract of service or of apprenticeship;. and cognate expressions shall be construed. accordingly;. . ‘the ......
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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
    ...... a fundamental change in the law respecting formalities for contracts relating to land, rendering the doctrine of part performance obsolete. 1 ...In 1991 they orally agreed that Brownie Gotts would buy a property in Cromer to be refurbished ......
  • The Conversion of Guarantee Contracts
    • Núm. 29-5, Septiembre 1966
    • The Modern Law Review
    ......, the guarantor would have another protcction, which might do him very much more good than the ability to escape an oral guarantee. There seems to be nothing in principle to prevent this, subject to the other requirements mentioned later ......
  • Statutes and Reports of Committees
    • Núm. 17-5, Septiembre 1954
    • The Modern Law Review
    ...... AND REPORTS OF COMMITTEIES LAW REFORM (ENFORCEMENT OF CONTRACTS) ACT, 1954 THE Statute of Frauds is dead; long live the ... and dangers surely affect almost every kind of oral contract, including oral contracts of indemnity.* If judges ......
  • 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 ... As the parties had on many previous occasions made contracts in just such a way, both the Court of Appeal and the House ......
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Law Firm Commentaries
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