Talk:Verbal contract

Disputed information

Black's (i.e. the legal) definition of a verbal contract is "a contract that is spoken and is not written down" and other phrases containing "verbal" make a similar distinction.

I believe the characterization of the commonly understood legal meaning of "verbal contract" as "misused" is, well, misused. I think the article needs to mention the contradictory common usage in a more neutral light. While dictionary definitions of "verbal" vary (see User talk:NebY#Verbally), it's standard use in law seems pretty well entrenched. —[AlanM1(talk)]— 12:17, 13 June 2014 (UTC)

I agree. UK usage is just as the US Black's e.g. this solicitor's article in The Independent and this UK government guidance that contrasts "a written contract" with "verbally agreed". Collins English Dictionary has it as a particular use of verbal but the OED has more instances of verbal being synonymous with oral, such as verball answer(sic) (Horsey, 1591) and verbal order (Pepys, 1667) as well as verbal agreement (Froude, 1887). Fowler's Modern English Usage (in both Gowers's and Burchfield's editions, though they put it very differently) is also clear that while the use of verbal as synonymous with oral may be ambiguous in some circumstances, fixed phrases such as verbal contract, agreement and evidence are clearly understood and longstanding.

So this article needs a thorough rewrite. The opening sentence "A verbal contract is any contract which is expressed in words" is simply wrong, the following sentences contrasting a verbal contract with an implied one are barking up the wrong tree and the closing three sentences castigating shoddy journalists are completely out of order. NebY (talk) 19:56, 15 June 2014 (UTC)

Note: My definition above was from the free online Black's, which is based on the 2nd edition (1910) since it's now copyright-free. Black's 8th (2004; ISBN 0314151990) is somewhat more muddied, unfortunately:

• verbal contract. See parol contract (1) under CONTRACT.
• contract....

• parol contract. 1. A contract or modification of a contract that is not in writing or is only partially in writing.—Also termed oral contract; parol agreement, (loosely) verbal contract. 2. At common law, a contract not under seal, although it could be in writing.—Also termed informal contract; simple contract. See PAROL-EVIDENCE RULE.

It would be nice to know if this has been cleaned up any in the 10th edition, just published in May. Maybe also a ref from a current U.S. contract law textbook. —[AlanM1(talk)]— 01:16, 21 June 2014 (UTC)

I think that's quite an elegant solution - no separate entry or great disquisition, just a redirect and a deprecatory "(loosely)". We could borrow that! Rather than rewrite this article, just insert a few words into the Formalities and writing subsection of Contract and turn this article into a redirect to there. Meanwhile, thanks for teaching me a new word, parol . Is it much used in the US? NebY (talk) 14:48, 21 June 2014 (UTC)

Makes sense to me. A new second paragraph, explaining "verbal contract" and its ambiguous meanings, would make sense. This article would then become:

#REDIRECT [[Contract#Formalities and writing]]

U.S. law is full of words that have long fallen out of normal use. And I had to look up both parol and disquisition —[AlanM1(talk)]— 08:19, 24 June 2014 (UTC)