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We all enter into contracts on a daily basis without even realizing that you have just entered into a long and complicated agreement and almost every action in society is bound by agreements between individuals or society as a whole.

 

Most people rightfully think of contracts a these big stacks of paper that you sign when signing for a new car or house or administration forms at hospitals etc.

 

This is indeed what a contract is, but contracts do not always have to be in writing to be binding.

 

A oral agreement is just as binding as a written contract, with one little complication - HE THAT AVERS, NEEDS TO PROVE. Oral agreements are therefore binding but the contents of the agreement and terms binding parties thereto need to be proven by the person averring that a contract came into being.

 

Thus, when you stand in a shop and buy milk. You are entering into a purchase contract by conduct and bind yourself thereto. But, what would the terms be if the milk is only opened two days after you buy it and is sour? Would you be entitled to take the milk back to the shop for being defective goods? The answer is NO. The understanding that milk is a item that can spoil rapidly is a tacit/unspoken term of your contract with the shop and this unspoken term is binding whether you realize it or not.

 

Our offices also often have clients that state that a written contract was amended by verbal agreement. This type of amendment is not valid. A written contract?ct can only be varied/amended by written documents in which the amended terms are set out and agreed to by both or all parties.

 

There are a few laws that have been enacted in recent years to attempt to protect the consumer from these complicated and/or confusing agreements that have been placed before consumers for many years and these laws have been quite effective in protecting those that require it most.

 

When you doubt any term of any agreement, it is always better to see your attorney so that he/she can vary the agreement or at the very least explain the terms to you.

 

It makes more sense to see an attorney for an hour than suffer through unnecessary payments for years.

 

As always, our offices are available to assist in all legal queries and look forward to your instructions.

 

Have a great day and week

 

-DU BRUYN ATTORNEYS