Oral vs. Written Contracts: Why a Handshake Isn’t Enough
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Imagine you have just landed a big landscaping job by shaking hands with a new client who promises to pay upon completion. It all seems fine until the project is finished and the client challenges the price or denies certain obligations. Suddenly, it is your word against theirs. Oral agreements can be legally binding, but they can be tough to prove when disputes arise. Memory fades, people disagree on what was said, and you risk a prolonged “he said, she said” battle that costs time and money. Some transactions even require a written contract by law – real estate deals, for example – otherwise courts might refuse to uphold them.
Drafting a short, clear contract sets everyone’s expectations: it outlines the scope of work, final price, deadlines, and who is responsible if issues occur. Writing it down prevents misunderstandings or false recollections, and a signed agreement carries more weight in court than oral testimony of the same terms. If disagreements surface, you will have something concrete to point to instead of relying on conflicting memories. It also reassures your client that you are organised and professional, which can build trust in the long run.
A cautionary tale is the High Court case of Lumley v. Foster [2022] EWHC 54 (TCC), where a homeowner orally agreed to pay a builder £100,000 for renovations, only to find the job finished so poorly that her property was basically unliveable. The builder tried blaming the contract on his insolvent company, but the court ruled it was his personal responsibility, leaving him on the hook for major remedial costs. Having a written document, trail of emails or messages, or standard terms naming the correct parties and detailing essential terms could have saved both sides a lot of stress and expensive litigation.
If you are worried that presenting a contract will frighten away potential clients, think again. A brief but comprehensive written agreement benefits everyone: you confirm the exact tasks you will perform, the timeframe for completion, and ensures the client knows precisely what they are paying for. Each party’s obligations are clearly spelled out in plain, everyday language – no fancy legal jargon needed. Even email exchanges can count, as long as you cover critical elements like the work description, payment structure, deadlines, and a simple plan for handling disputes. The client can even agree to the contract with a “thumbs up” emoji.
Because the stakes can be high, especially in landscaping jobs that involve substantial labour and materials, it is worth taking a few extra minutes to prepare a written agreement. That small investment is often far less stressful and expensive than fighting over misunderstood terms later. By putting the essentials on paper, you will protect your livelihood and keep your suppliers as well as customers happy.
Relying on a handshake to seal important deals is tempting if it seems quicker or if you want to avoid “complicating” a friendly arrangement. However, a handshake alone cannot protect you if the other side changes their story about what was agreed. Investing a small effort in writing down key details will help you sidestep legal headaches and preserve good relationships. In the end, a short-written contract saves everyone from unwanted surprises and ensures fairness and clarity for both sides.
If you need assistance drafting any agreement or contract, get in touch with our experienced lawyers, today.
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