Monday, May 11, 2009

Oral promises


Oral promises by vendors are difficult to prove. There are also legal difficulties, such as the parol evidence rule, which may sometimes prevent oral promises from being introduced. However, the main problem appears that the court has to decide who to believe - the vendor or the customer.

As mentioned previously, the use of tape recordings are very useful in proving your case. Even if you did not tape record the conversation in relation to which you are suing, if you can prove that the sales persons of the vendors systematically lie and over promise, you have a strong case but of course, there are no guarantees of winning.

On the other hand, if you are complaining only of hard selling, that this not normally a defence except perhaps in rare cases.

The best defence to bad vendors is information. If you are suing anyone, send me details and I will post details about your claim. If you have won a lawsuit, even better - let the whole world know about your win. Good luck and if in doubt, consult a lawyer.

No comments:

Post a Comment