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The leases page contains more information about what a fair lease should contain. If two or more parties reach an agreement without written documents, they will enter into an oral agreement (formally known as an oral contract). However, the authority of these oral agreements can be a bit of a grey area for those who do not know the law of contracts. In most cases, Scottish legislation is not necessarily subject to written law agreements. The law considers oral agreements to be binding when the parties have a common purpose and clearly intend to establish a legal relationship. If you are moving into a privately rented property, your landlord must ask you to sign a rental agreement that outlines the terms of your stay. It will usually be a written document, but it may also be an oral agreement. If you don`t have a written agreement, you still have rights as a tenant. These include wills and certain ownership transfer contracts. Only adults over the age of 16 can enter into legal agreements in Scotland. The treaty is established by bilateral agreements and should be distinguished from a unilateral promise, which is recognised as a type of autonomous and enforceable commitment in Scottish legislation.

The English counterparty requirement does not apply in Scotland, so it is possible to have a free contract, i.e. a contract in which only one of the parties is subject to the obligations of others (for example. B a contract for services provided without consideration). However, when, for example. B in a sales contract, the contract is considered a burden. The parties, both reasonable, should freely approve the terms of the agreement, i.e. without influence, coercion, coercion or misreprescing of facts. The nephew and aunt accept the terms of the contract without putting pressure on each other and with the intention of fulfilling their obligations. Just like the aunt in our imaginary scenario, you`re probably better off documenting a written agreement. Something as simple as a promised note, detailing the nephew`s promise to repay his aunt, could have avoided any quarrel over their agreement. Finally, it is less difficult to ask family members for a written loan than to bring them to justice. Even if an independent witness were present at the time of the agreement, their testimony will also be very important.

Most oral contracts are legally binding. However, there are a few exceptions depending on the design of the contract and the purpose of the contract. In many cases, it is best to draft a written agreement to avoid litigation. The threat of legal action for breach of an oral contract cannot at all help the case if a party intends to violate the treaty. However, the law considers that full oral agreements are legally binding and that the case can be brought to court so that a judge can make the final decision. One of the best ways to demonstrate the terms of the oral contract is to identify witnesses to all the conversations you have had and get a written statement from them. In these cases, the more independent the witness, the better. If these elements exist, the Scottish courts will impose an oral agreement. If it is necessary to argue, the main obstacle is to gather enough evidence to support your assertion. In the event that you cannot obtain credible witnesses to testify to the verbal agreement, the best way is to rely on the actions of the injured party to base your assertion; If z.B.