Does a contract need to be concluded in writing to be valid?
September 30, 2022 | 30,00 EUR | answered by Mia Schulz
Dear lawyer,
I have a question regarding contract law. My name is Emil Czakaj, and I am a patient at a medical practice. Recently, I entered into an oral agreement for a specific medical treatment. Now I am wondering if this contract is legally binding even though it was not put in writing.
The situation is as follows: After a thorough discussion with my doctor, I decided to start a particular therapy. We agreed on the details of the treatment, the costs, and the schedule, but nothing was documented in writing. Now I am concerned about the validity of this oral contract and whether I am on the safe side.
My question to you as an expert in contract law is: Does a contract need to be in writing to be valid? What are the possible consequences if a contract is only verbal and there is no written agreement? What steps can I take to ensure that the oral contract is legally binding and my interests are protected?
Thank you in advance for your help and support.
Best regards,
Emil Czakaj
Dear Mr. Czakaj,
Thank you for your inquiry regarding contract law in relation to an oral agreement for a medical treatment. It is understandable that you are concerned about the validity and legal enforceability of this contract. I will now explain in detail what the legal situation looks like and what steps you can take to protect your interests.
In the German legal system, the principle of freedom of contract applies, which means that contracts can generally be concluded informally. This means that a contract does not necessarily have to be in writing to be valid. Even an orally concluded contract can be legally binding. In your case, you have agreed with your doctor on the terms of the treatment, the costs, and the schedule, which can already be considered as a contract being formed.
However, an oral contract also comes with certain risks. In the event of disagreements or disputes, it can be difficult to prove the content and exact terms of the contract as there is no written documentation. Therefore, it is advisable to record important contracts in writing to create clarity and legal certainty.
To ensure that the oral contract is legally binding and your interests are protected, I recommend the following steps:
1. Documentation: Try to document the agreements from the oral contract in writing. For example, you can obtain a confirmation from the doctor listing the essential points of the treatment, costs, and schedule.
2. Witnesses: If possible, you should bring in witnesses for important conversations who can attest to the conclusion of the contract. This can help strengthen your position in case of disputes.
3. Legal advice: In case of doubt, you can consult a lawyer to assess your rights and options. A lawyer can also help you legally secure the oral contract.
In conclusion, I would like to emphasize that an oral contract can be valid in principle, but it comes with certain risks. Therefore, it is advisable to record important agreements in writing to create legal certainty. I hope that my explanations have been helpful to you and I am available to answer any further questions you may have.
Kind regards,
Mia Schulz, Attorney-at-Law
