Tuesday, March 24, 2009

Suing for breach of contract - contract terms

Proving the terms of a contract -

If there is a written document, then the document will be proof of the terms of the contract. If the contract was made orally, then it can still be proved. However, if the other party disputes your account of the terms, then the judge will decide who is more likely to telling the truth.

Solution - tape record any promises made by the other party. This can even be done after the contract has been made - e.g. you get the other party to admit that he failed to do certain things promised under the contract.

Note that Singapore law allows tape recordings to be used in court but some other countries do not.

It is possible for a contract to be made partly in writing and partly orally so don't give up if the other party is relying on a written contract. But trying to argue that the contract is partly written or partly oral may not always be easy.

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