Many people make deals without written contracts, relying only on an oral agreement. But what if the other person breaks their promise? In Pakistan, the law still recognizes verbal contracts, but proving them can be tricky. This guide explains the legal procedure step by step.
Is an Oral Agreement Legally Valid in Pakistan?
Yes, an oral agreement can be legally binding in Pakistan. The law does not always require a written contract, but some deals, like property sales, must be in writing. For everyday transactions, a verbal contract can still hold up in court if you can prove it existed.
How to Prove an Unwritten Agreement in Court?
Since there’s no written proof, you must rely on other evidence. Here’s what courts accept:
Witness Testimony
If someone saw or heard the agreement, they can testify. Their statement strengthens your case.
Text Messages, Emails, or Recordings
Any written or recorded communication about the deal helps. Courts may accept WhatsApp chats or call recordings if obtained legally.
Payment Proof or Receipts
Bank transfers, cash receipts, or any financial transaction linked to the spoken deal can serve as evidence.
Behavior and Actions
If both parties acted according to the informal contract, like delivering goods or making payments, courts consider this as proof.
Filing a Case for Breach of Verbal Contract
If the other party denies the oral agreement, you can take legal action. Here’s how:
Step 1: Send a Legal Notice
A lawyer drafts a notice demanding fulfillment of the agreement. This often pushes the other party to settle.
Step 2: File a Suit in Civil Court
If they ignore the notice, you file a case. You must present all evidence—witnesses, messages, receipts—to support your claim.
Step 3: Court Hearing and Judgment
The judge examines the evidence. If convinced, they order the other party to honor the verbal contract or pay compensation.
Challenges in Enforcing an Oral Agreement
Without a written document, disputes get complicated. Common challenges include:
Lack of Clear Terms
An unwritten agreement often lacks details, making it hard to enforce exact terms.
Denial by the Other Party
They may simply refuse to admit the deal existed. Strong evidence is crucial.
Difficulty in Proving Intent
Courts need proof that both parties intended to create a legal obligation, not just a casual promise.
When Should You Always Use a Written Contract?
While oral agreements work for small deals, always use written contracts for:
Property transactions
Business partnerships
Large loans or financial deals
Long-term service agreements
A written contract avoids future disputes.
Final Thoughts: Protecting Yourself Without a Written Agreement
An oral agreement can still be enforced in Pakistan, but proving it is tough. Always gather evidence—witnesses, messages, receipts—to protect yourself. If a deal is important, a written contract is the safest choice.
If someone breaches a verbal contract, follow the legal steps: send a notice, file a case, and present strong evidence in court. This way, you can still get justice even without a written agreement.
For professional assistance with civil law services and related legal matters, contact Osama Khalil, Lawyer & Legal Consultant. You can reach him at:
Phone: +92-316-1829946 | +92-307-2732223
Email: contact@osamakhalillaw.com | contact@khalilassociates.org