Hacker News new | comments | show | ask | jobs | submit login

In many jurisdictions VERBAL agreements can be considered contracts and legally binding. Often people don't sue over verbal contracts is because the burden of proof that one existed/exists is very difficult.

The mere fact he has the email exchange which took place between them afterwards is probably enough evidence to show in court that a [contractual] agreement existed. Miso was dumb to ever respond. They would have been better to pretend they never saw or heard from the gentleman again and leave it to him to sue... with little to no evidence that the agreement existed. That still doesn't mean Miso doesn't suck... it's just the move Miso should have made if they were going to try and be dicks about it, like they were. Miso, should have just paid up right away, they got caught red handed though and their legal counsel probably said... pay up, it'll save you as much or more and cause you less legal headaches and stress... let's just make this go away and save ourselves from losing focus on a legal fight we will probably lose and minimally will cost as much or more to fight.




They would have been better to pretend they never saw or heard from the gentleman again

That's hard.

It's easy to pretend you didn't get an email. But what if you send via registered post a letter, or a courier? What do you do if the employee has a signed form saying you received the letter? Blatantly ignoring the good faith attempts to resolve this matter before courts are involved might harm your case.


> Often people don't sue over verbal contracts is because the burden of proof that one existed/exists is very difficult

That, and because verbal contracts are not enforceable for all transactions.

http://en.wikipedia.org/wiki/Statute_of_frauds


The "statute of frauds" doctrine only applies to certain types of transactions. Most transactions, including employment agreements (or for example, selling your business) can be executed verbally.


Often people don't sue over verbal contracts is because the burden of proof that one existed/exists is very difficult.

Oh, they definitely sue over verbal contracts all the time. Just trying watching any of the dozen Judge X shows on TV or visiting a small claims court. Indeed, the reason for small claims courts is largely to keep these types of disputes out of real courtrooms.




Guidelines | FAQ | Support | API | Security | Lists | Bookmarklet | Legal | Apply to YC | Contact

Search: