Ballymore Gym

Issue: verbal agreement supposed to written contract/honour agreement with Ballymore Gym

Rule: verbal contracts holds same weight as written contracts except in certain circumstances/written contracts are legally binding.

Analysis: a verbal contract is as legally binding as written contract, except in few incidents where it isn’t consider legally binding such as a friend promising another friend to meet up for coffee but fail to show. Where a verbal contract can exist between two or more parties thanks to three elements of contract.

An offer is where you make an offer for example “I would like to buy 20 footballs, and will pay €5 each”.  An offer is not “I need 20 footballs”. 

Acceptance is when an offer is accepted for example “great I can agreed to 20 footballs at €5 each and can deliver them in a week” an acceptance is not “I`ll get back to you”.

Consideration is when both sides agreed to give the other something in return for the creation of the contract, an example would be “I agreed to pay €100 for 20 footballs that is €5 each”. What`s not a consideration is “don’t worry about the price, I have extra footballs in the back I will give them to you”.

Tina cannot take legal action against Agnes for failing to show up after verbally agreeing to show up.

Tina made a form of contract with Ballymore Gym when she handed over €30 in return for the use of two courts for one hour. However, because she did not show up for the use of the courts and paid for the use she cannot be refunded if the gym`s policy is no refunds.

Conclusion: in conclusion Tina Smith is unfortunately unable to take legal action as a verbal agreement between friends is non-legally binding. Concerning her contract with Ballymore Gym, she will be unable to claim a refund as the gym`s policy does not permit refunds.