A verbal agreement is a contract, even if it is not available in writing. Provided the contract is valid, it is a binding agreement between two parties. While some oral contracts are considered enforceable, they are problematic and complicated. The contract you entered into should have been entered into in writing to be applied in accordance with the Fraud Regulation (Article 1403, paragraph 2, paragraph 2 of the article), but this does not apply if the contract is already executed as in your case. This is supported by the Supreme Court`s pronouncement in Ordua et al., vs. Fuentebella et al. (G.R. 176841, June 29, 2010): MANILA, Philippines – President Duterte`s alleged verbal fishing agreement with China becomes binding when he mentioned it in his State of the Nation (SONA) speech of July 22, senior Justice Court Antonio Carpio warned yesterday. “We are terribly at the end of this agreement because we are opening up the entire Western Philippine Sea to the Chinese fishing fleet. It`s just a flaw,” Carpio said. However, when a party responds to an offer by proposing a change in the offer, that proposal is referred to as a “counter-offer” and there is still no legal contract in question. In the second scenario, the responsibility for accepting, declining or proposing another counter-offer is deferred to the original supplier.
To win the case, the aunt must prove with evidence that her nephew lent the money with the intention of repaying it, while the nephew must prove that he did not accept. Without the documentation of the agreement, it will be a matter of er-she-said. In the end, it is a judge who decides which case is most likely of the party. Without the testimony of the agreement, the aunt could have 200 dollars and a decent relationship with her nephew. Contractual terms must not be presented in a vague, incomplete or erroneous manner. In other words, there should be an agreement on who the contracting parties are, on each party`s obligations, on the price to be paid and on the purpose of the contract. The conditions between aunt and nephew are very clear; the aunt lends $200 to the nephew for the purchase of a new tire (and nothing else) provided he reseals her 200 dollars at some point (for example. B when he receives his next cheque). The parties, both reasonable, should freely approve the terms of the agreement, i.e.
without influence, coercion, coercion or misreprescing of facts. The nephew and aunt accept the terms of the contract without putting pressure on each other and with the intention of fulfilling their obligations. Dear John, you can collect from your friend, even if there is no written agreement to support your request. A contract was perfected from the moment you agreed to renovate his house. Under Article 1305 of the Civil Code of the Philippines, a contract is a meeting of minds between two people, in which one undertakes, in relation to the other, to give something or to provide a service. Here too, a written appearance or any form of documentation is not part of a valid contract. As long as an agreement meets the three elements mentioned above, there is a valid contract, whether or not it is a written agreement. “At the time of making this statement to the SONA, it is a definitive confirmation that this oral agreement is now a binding legal agreement for the Philippines and China,” Carpio said at a forum organized by Stratbase ADR.