Oral agreement

Oral Agreement

Section 10 Oral agreement of contract Act 1872, scope. oral contract is valid and enforceable but is requires strong and satisfactory evidence vis-à-vis its formations and contents— where a party seeks to enforce oral agreement, heavy burden lies on him to prove that the contact is concluded and term of oral contact where meant to be given effect to — where a contact is said to be made orally, ascertainment of its terms raises in first place pure question of fact what parties say—conditions of essential validity are (i) competent parties (ii) existence of consent of parties (iii) consent being free (iv) existence of consideration (v) consideration and object being lawful and (vi) agreement not being expressly declared to be void—No rigid or tenacious stipulation is imparted or divulged under section 10 of contact Act 1872 which may rationally exclude existence of oral contract from being enforced although in case of seeking enforcement of a specific performance or oral contact more satisfactory evidence is required to be led—agreement in writing is not necessary nor mandatorily required under provision of contact act 1872

2017 YLR 1579