A verbal agreement, also known as an oral agreement, is a contract that is agreed upon and confirmed through spoken communication, rather than a written document. In Canada, like most other countries, verbal agreements are generally considered legally binding.
However, there are limitations to the enforceability of verbal agreements in Canada. For example, certain types of contracts are required to be in writing, such as contracts for the sale of land. In addition, verbal agreements can be difficult to prove in court, especially if there are no witnesses or written evidence to support the terms of the agreement.
In order for a verbal agreement to be legally binding, there must be a clear offer and acceptance of the terms of the agreement. Both parties must fully understand and agree to the terms, and there must be an intention by both parties to be legally bound by those terms.
It is always recommended to have a written agreement, as it provides clear evidence of what was agreed upon and can be used as proof in court if necessary. However, if a verbal agreement is the only option, there are steps that can be taken to help enforce the agreement. For example, both parties can sign a written memorandum outlining the terms of the agreement, and both parties can keep a copy for their records.
Overall, while verbal agreements are generally considered legally binding in Canada, it is important to be aware of the limitations and challenges that can arise when trying to enforce them. If possible, it is always best to have a written contract to avoid any confusion or misunderstandings.