View Full Version : Contracts
Shaun
27th June 2010, 11:40
I am a tad confused about some thing, and need some advice please
Verbal commitment, if some one commits to a deal verbally, I have always believed that this is Just like a written contract?
I will NOT elaberate on the discussion, in fairness to the other party.
Please advice if incorrect? As this has rocked me big time, as I thought the person was a true honest friend. I am now very upset with my fealings about myself, and the way I spoke to someone about it yesterday, it is reminding me of the head case Shaun from 12 months and back.
Thanks in advance
Jantar
27th June 2010, 11:44
Verbal contracts can be binding. But when it comes to a dispute they are only as good as the paper they are written on.
White trash
27th June 2010, 11:46
Well ethically it is like a contract but obviously it's hard to prove what was actually agreed to by either party.
Having been in a similar situation myself, I decided it wasn't worth losing a whole lot of sleep over and dropped the matter even though I really believed to be in the right. However, my mate obviously honestly believed he was in the right. In the end, we had a beer and decided to forget the whole fucken thing and got smashed. Turned out all right.
That being said, it wasn't a deal which afected my livelyhood or anything like that. Hope ya sort it out mate.
DJSin
27th June 2010, 11:50
http://www.consumer.org.nz/reports/contract-law/what-is-a-contract
Edbear
27th June 2010, 11:57
I feel for you, mate. In NZ law, a verbal contract does carry weight, it's a carry-over from the days when we would "shake on it", but requires a hearing before a jusdge or disputes tribunal. We are always advised to have a written agreement even between family and friends, not because we don't trust them, but because we all see and hear things differently and may misconstrue what has been agreed upon.
Sadly in your case, it doesn't sound like a misunderstanding about what was agreed to, but rather that the other person wants to back out of the agreement. Don't be too down on yourself, it is natural to feel betrayed and upset, and there is no easy answer. By all means talk it over with your wife and I'd suggest a lawyer as well, more to gain an understanding than anything, whether or not you intend to pursue the matter.
We all support you and hope things work out for you. All the best,
Ed.
Shaun
27th June 2010, 11:59
http://www.consumer.org.nz/reports/contract-law/what-is-a-contract
Thanks for that link, it show;s me I was correct with my beliefe on this issue, and also helps me feal a little better about my actions on the Phone yesterday
Usarka
27th June 2010, 12:01
In a work context I always follow up verbal agreements with an email "as agreed today........"
Provides a paper trail, and clarifies understanding of what was agreed.
(my memory is like swiss cheese anyway).
Shaun
27th June 2010, 12:02
I feel for you, mate. In NZ law, a verbal contract does carry weight, it's a carry-over from the days when we would "shake on it", but requires a hearing before a jusdge or disputes tribunal. We are always advised to have a written agreement even between family and friends, not because we don't trust them, but because we all see and hear things differently and may misconstrue what has been agreed upon.
Sadly in your case, it doesn't sound like a misunderstanding about what was agreed to, but rather that the other person wants to back out of the agreement. Don't be too down on yourself, it is natural to feel betrayed and upset, and there is no easy answer. By all means talk it over with your wife and I'd suggest a lawyer as well, more to gain an understanding than anything, whether or not you intend to pursue the matter.
We all support you and hope things work out for you. All the best,
Ed.
I will NOT be going any further with this ED. I Trusted once!
ynot slow
27th June 2010, 12:06
Calling those 0900 numbers is not a contract,I mean you imagine a 20yr old and probably get a 50yr old hag,not fair lol.
Seriously I used to give verbal quotes all the time and never changed them,always wrote the quoted price on my book/diary of job,had no problems.Although a few times customers would ring for a quote over phone,to which I always stated subject to measure and quote,then another company would do it all written quotations.I believe in the old hand shake system,but maybe that's because working in small towns like Hawera or similar meant most knew you after a few years with employers.
White trash
27th June 2010, 12:06
Another point mate, is because ya get angry once in a while doesn't mean you're regressing. Shit pisses us off from time to time.
Keep the faith in yourself brother.
Edbear
27th June 2010, 12:10
I will NOT be going any further with this ED. I Trusted once!
Your call, mate, as I said, we all support you and I can only agree with White Trash. :2thumbsup
Another point mate, is because ya get angry once in a while doesn't mean you're regressing. Shit pisses us off from time to time.
Keep the faith in yourself brother.
Shaun
27th June 2010, 12:16
As this has nothing to do with Bikes or racing, thanks all, we will let this thread Die now
CookMySock
27th June 2010, 12:34
Never do money or business with friends, unless you are happy to lose them as a consequence.
Steve
nadroj
27th June 2010, 12:36
Any personal crisis, let alone a major one, tends to trim a little off one's fuse especially with age. Some of us don't have much fuse left and that can be accellerated with contributing factors eg short, ginga etc.....
Kiwi Graham
27th June 2010, 13:05
I feel for you, mate. In NZ law, a verbal contract does carry weight, it's a carry-over from the days when we would "shake on it", but requires a hearing before a jusdge or disputes tribunal. We are always advised to have a written agreement even between family and friends, not because we don't trust them, but because we all see and hear things differently and may misconstrue what has been agreed upon.
We all support you and hope things work out for you. All the best,
Ed.
Another point mate, is because ya get angry once in a while doesn't mean you're regressing. Shit pisses us off from time to time.
Keep the faith in yourself brother.
As they said,
I'm old school too Shaun, verbal or written means the same to me.
Dont beat yourself up about your reaction mate.
Reckless
27th June 2010, 13:40
Never do money or business with friends, unless you are happy to lose them as a consequence.
Steve
Fark off??
I an architectural designer and draw plans and do $400K plus addttions and alteratins for my friends WTF???
They trust me to manage very large sums of money and basically their lives for a short period of time
and they are all still friends! I've actually gained friends and closer relationships with friends through my business.
Man where are you at???
Sorry Shaun that annoyed me we'lll let the thread die now LOL!!!
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