Difference between Oral and Written Agreement

As a professional, I have spent a lot of time editing articles on legal topics, and one question that frequently comes up is the difference between oral and written agreements. While both types of agreements can be legally binding, there are some key differences between them that are worth understanding.

First, let`s define what we mean by “oral” and “written” agreements. An oral agreement is one that is made verbally, without any written documentation. For example, if you agree to sell your car to a friend for $5,000 and shake hands on the deal, that would be an oral agreement. A written agreement, on the other hand, is one that is documented in writing, either on paper or electronically. A written agreement might also be called a contract.

So what are the differences between these types of agreements? Here are a few to consider:

1. Evidence: One of the biggest differences between oral and written agreements is the evidence that is available to prove their existence. In a written agreement, there is typically a physical document that can be produced as evidence if there is ever a dispute. In an oral agreement, there may be no physical evidence beyond the memories of the parties involved.

2. Clarity: Written agreements tend to be clearer and more detailed than oral agreements. This is because when an agreement is put in writing, both parties have a chance to review and revise the terms before signing. In an oral agreement, it can be easy for misunderstandings or miscommunications to occur.

3. Enforceability: Both oral and written agreements can be legally binding, but it can be more difficult to enforce an oral agreement. This is because there may be no physical evidence of the agreement, and it can be hard to prove what was actually agreed upon. Written agreements are generally easier to enforce, as long as they are properly drafted and executed.

4. Flexibility: Oral agreements can be more flexible than written agreements because they can be changed more easily. For example, if you orally agree to sell your car for $5,000 but later decide you`d like to raise the price to $6,000, you can do so without having to create a whole new contract. However, this flexibility can also be a disadvantage, as it can lead to confusion or disagreements if the parties don`t agree on the changes.

Overall, while both oral and written agreements can be legally binding, it`s generally a good idea to put important agreements in writing. This can help avoid misunderstandings or disputes down the line and provide clear evidence if there is ever a disagreement. If you do enter into an oral agreement, be sure to document the terms as clearly as possible and consider having any important points confirmed via email or other written communication.