Under Section 92 of the Evidence Act, an oral agreement is not considered evidence through the agreement if the terms of the contract are reduced to the form of a document. However, its condition (2) is an exception to the requirement to consider that the oral agreement can be valid if there is a separate oral agreement on each subject in which the document is silent and the conditions are inconsistent. In addition, provisional (3) makes an exception: if there is a separate oral agreement which is a precondition for the cancellation of an obligation of such a contract, an oral agreement can also be proven. This means that the offer is a starting point for an agreement. The important part that we need to emphasize is how such an offer is communicated. In section 3 of the act, this point is considered and, in short, a disclosure of an offer can be made in all manners that show the availability of the person proposing. Such communication could be made by mouth, by writing or even by behavior. This type of offer, communicated by mouth or writing, is called “express offer.” In the case of S.V. Narayanaswamy vs. Savithramma 2013R.
F.A.No.1163 of 2002 v R.F.A.1164 of Karnataka High Court, the complainant successfully demonstrated the existence of an oral agreement. The applicant has lodged an appeal for the practical performance of the sales contract. The sales contract was oral. The complainant presented the cheques the respondent received for examination of the object. The respondent deliberately contacted the agreement. Even the witnesses interviewed knew that there was an agreement between the complainant and the respondent. After reviewing the applicant`s evidence, the Tribunal found that there was an oral agreement between the two parties. The cheques were proven to be proof that a considerable amount was paid.
This clearly proves the oral agreement. What makes an agreement valid is the first thing to discuss. The process of the agreement begins with the legal provisions of the Indian Contract Act.