Enforcing Verbal Contracts
Nozipho Mvulane
In South Africa, verbal contracts are generally valid and enforceable under the law, although proving their existence and terms can be more challenging compared to written contracts. When it comes to suing for breach of a verbal contract in South Africa, there are a few key considerations.
Proving the Contract
In a dispute over a verbal contract, the burden of proof lies with the party asserting its existence and terms. This means that you need to provide evidence to convince the court that a contract was indeed formed and what its terms were. Evidence can include witness testimonies, documentary evidence, correspondence, or any other relevant information that supports your claim.
Contractual Elements
To establish a valid contract, certain essential elements must be present, including an offer, acceptance, consideration (something of value exchanged between the parties), and an intention to create legal relations. You need to demonstrate that these elements existed in your verbal agreement.
Substantiating the Breach
Once you have established the existence of a verbal contract, you must demonstrate that the other party has breached the terms of the agreement. This involves showing that they failed to fulfil their obligations as agreed upon or acted contrary to the terms of the contract.
Legal Remedies
If you can successfully prove the breach of the verbal contract, you may be entitled to legal remedies. These remedies can include damages, specific performance (compelling the party to fulfil their obligations), or cancellation of the contract.
Time Limitations
It’s important to be aware of the time limitations for initiating legal action. In South Africa, the Prescription Act 68 of 1969 sets time limits within which a claim must be brought. The specific time limits depend on the nature of the claim and can vary. Consulting with a legal professional will help you understand the relevant time limitations for your particular case.
When pursuing legal action for breach of a verbal contract, it is strongly recommended to seek the assistance of a qualified attorney who specializes in contract law or commercial law. They can provide you with guidance on the specific facts of your case, advise you on the likelihood of success, and help you navigate the legal process.
For further information of any of your legal needs, please contact Rajaram Mvulane Attorneys at info@rajarammvulane.co.za or on 073 2777 973.
Article Disclaimer
This article is not intended to provide legal advice. This article is a general information sheet and should not be used or relied on as legal or other professional advice. This article is based on research regarding laws and may be subject to change. No liability can be accepted for any errors or omissions nor any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE).
