Verbal Contracts and Managing Disputes Under UK Law

Certainty and Completeness of Agreement

Agreement is reached between contracting parties when an offer is made by one party and is unequivocally accepted by the other party. The offer must be sufficiently certain so as the parties know what is to be done by them, and the agreement must be complete, in the legal sense. An agreement is incomplete when an essential term has not been agreed or there are further matters to be agreed. Agreements 'in principle' are usually considered not to be complete, as are contracts expressly stated to be 'subject to contract'. In deciding whether a contract is complete, a court will consider a contract to be formed when, from the viewpoint of an officious bystander, the parties have agreed in the same terms on the same subject matter.

Verbal Contracts and Conduct

There is no legal impediment to two (or even more) parties entering into a contract based on their conduct and verbal statements or representations. Obviously, when the parties agree the terms of the contract by verbal statements, the binding terms of the contract are more difficult to ascertain and prove. Usually a court will look to the history of the performance of the parties to obtain assistance in determining what was actually agreed by the parties. Where one person however has not performed their part of the bargain, the court is left to more uncertain means in reaching a decision. Draft contract documents, emails, letters and order forms may lend assistance to deciding the terms of a verbal agreement, and courts have used similar agreements with third parties to apply a standard of reasonableness in determining the terms of the contract in the absence of writing.

Confirmation in Writing

In the event that a party refuses to sign a contract or an oral agreement is reached, in our view, it is essential to write to the person and confirm the terms of the contract as they are understood, to provide a greater degree of certainty - that may be proved by evidence at a later date - what the actual terms of the contract were. It may be useful to know that where a verbal agreement has been reached, which is later confirmed in writing but the written document does not properly record the terms, the contract may be rectified using the doctrine of rectification so as to reflect the actual agreement between the parties.

Professional Counseling for Students

Right from the time a child is born,  his parents start thinking about his education, his career and his future.  His mother wants the child to be a doctor but the father wants him to be a pilot. In the tussle between the dreams of both parents, somewhere along the line,  the child’s dreams, hopes and most importantly aptitude is forgotten. A fathers unfulfilled dreams are to be fulfilled by the son and so on. Parents practically brainwash their kids to think that he was born to be an engineer, doctor or pilot.  For all you know, the kid wants to be an artist but never got a chance to utilize his painting skills! He was too busy solving problems day and night. In the process, he might end up becoming an engineer, but he is going to be a bad professional because he may not have the aptitude for it. He might end up being a  ‘not-so-happy’ individual!

Therefore, it is very essential that kids are brought up the right way and all his talents and skills are honed and sharpened.

If math is important, well then so is learning other languages. If music is his hobby, so be it! In such a scenario, professional counseling and guidance is very essential for kids. The ultimate question of career choice is not a minor one. The decision needs to be taken seriously and carefully, keeping in mind the students ability, capacity, inclination and aptitude. If he does not understand math at all, engineering is definitely not his life-long profession!

Professional counseling helps students develop strategies to cope with academic and personal pressures. Counselors are specially trained individuals who understand the students psyche, by conducting aptitude tests and emotional quotient tests in order to understand the student properly.

It is a one on one interaction with the student, along with a battery of tests, to help the student understand himself better. Every school, college and educational institute has a counseling department and students are encouraged to talk to the professional counselors to make a prudent and wise decision about their future. Imagine a student who sings fantastically but because of pressure from her family, is only encouraged to attend law school. She may become a lawyer but is she really going to enjoy her life to the fullest? Most likely not!

Students have their own social pressures and issues. They might not be discussing or sharing their issues with their parents. In fact, many a times, parents are not equipped to deal or guide their child, as a student in the most unbiased way. In such cases, professional counselors are the best way. They are professionally trained to help students in various ways. They have scientific ways and means to help and guide students. Counseling is not necessary only for emotionally unstable people or students who are failing miserably. A student excelling in studies also might need counseling. Ultimately, he is at an age where complete and correct guidance is very necessary. This is the time and age when crucial decisions need to be taken very prudently. A step in the wrong direction might hamper the students growth in the field of their strongest abilities and they will not be living their true, authentic life.

Why take a chance? These students are the future of our country , therefore creating the world our children will live in and they are also pillars of support for the older generations. They need to be happy in life and fostering this is every parents and teachers responsibility.