Legal Question in Civil Litigation in Canada

Oral Contract Breach? Can we win in court?

We had an telephone agreement for

creating a graphic presentation. He

never disputed the price. We delivered in

time, we received a cheque as partial

payment and the client loved the job. He

admited that everybody who seen the job

loved it. A week later after using the

presentation the client comes back

implaying that he was overcharged,

compared with what others can offer him

and that he did not ask for this type of

presentation, that he can not use it and

he wants his money back or we get sued.

We have nothing from him as an

approval, but the bank statement with his

payment he gave us when he picked up

the job. How can we win?


Asked on 10/09/07, 10:36 pm

1 Answer from Attorneys
Meldon Ellis Ellis Business Lawyers

Re: Oral Contract Breach? Can we win in court?

Our advice is limited to the laws in effect in British Columbia. If you are located elsewhere please consult a lawyer in your province.

Under general contract principles, an oral contract is as binding as a written contract. The elements of a binding contract are (1) offer (2) acceptance and (3) exchange of consideration.

An oral contract can be proved in court by providing oral evidence about the terms of the contract. If there is a conflict in the evidence presented (i.e., two different stories), the outcome will depend on which evidence the judge finds more credible.

As such, a court case about an oral contract can be risky for the claimant.

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Answered on 10/11/07, 1:48 pm


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