Courts have enforced
oral contracts when the terms are undisputed.
You agree to
an oral contract when you use words that say you want to buy something or do something.
You usually have
an oral contract when you are talking to someone about getting services like electricity or a mobile phone.
Not exact matches
Most businesses document their terms and conditions as formal written
contracts when engaging with customers to avoid the pitfalls of relying on
oral agreements.
The
contract between the insured and the agent or broker does not have to be in writing and can be
oral, such as
when the agent or broker makes an express statement that they will procure coverage.
A prominent public notice which is plain for him to see
when he makes the
contract or an express
oral stipulation would, no doubt, have the same effect.
The Supreme Court adopted the Court of Appeal's description of the position under standard
contract law (see Lord Clarke's judgment at para 20): ordinarily where the terms are in writing and there are no
oral terms then the written terms will, prima facie, represent the whole of the parties» agreement; the parties are bound by the written terms
when they sign the
contract; the written terms will stand unless they do not accurately reflect what was agreed because of a mistake (generally common to the parties); and no terms which conflict with the express terms can be implied into the
contract.