Seeking Perfection Acrylic on Canvas / 20” by 24” / $399 What do you see as the truth of this image? Do you think you and your neighbor would describe it in the same way?
Do You Mean It?
When you say something do you mean it? Can another person depend on your words and attest to the integrity of your intention? What do you do when you make arrangements to meet someone and an opportunity arises that is more interesting? Do you break your commitment by phon, text, email? If you do, are you honest about your reason for backing out of the engagement or do you tell a little white lie?
There was a time when a person’s word and a handshake was something to be counted on. It was all it took to seal a deal—no notaries, legal documents or witnesses needed. When there were disputes they were taken to the tribal leader who would dispense justice.
In our country, we are urged to be more careful for times have changed greatly in our litigious society? An attorney friend recently said that if it wasn’t signed and sealed there was no promise. He mentioned that we can basically say anything and change our minds without concern for a lawsuit.
I’ve since discovered, however, that this lawyer’s remark was nuanced. Verbal agreements are binding as long as the proof will hold up in court—which isn’t easy. So what has to be done to turn a verbal promise into a court approved contract?
One way to validate an oral agreement is to put your words into immediate action. If one party acts and the other is in compliance, evidence is created that proves there was a deal. Emails, letters, memos and receipts all reinforce handshake deals. Telling a friend what happened at the meeting and sending a “thank you” letter describing what was said are two other ways to seal a deal.
It is unusual for handshake arrangements to wind up in court, though it is possible. When they fall apart it is usually over details. If you are exchanging a toaster oven for two hours of roof cleaning, you are probably OK with a verbal agreement but to rent an apartment or engage in work for hire, for clarity it is best put the arrangement in writing. Both parties must be crystal clear over the terms of the agreement they have entered into. If all details are not clear then there is a potential for a dispute. You may make an agreement for someone to design a logo for your business that is not in writing. But once it is complete, you may discover that you do not own the logo because transferring intellectual property rights is not bound by a verbal agreement.
You may wonder why I bring this topic to your attention. Once again, it is because we live in a political climate that is filled with he said/she said accusations. It makes me wonder about truth and how a person can be held accountable for words spoken in private. Fabrications have been part of American politics for a long time. Resumes are routinely puffed up, misdeeds hidden, sexual affairs denied, and false information presented to the public. But today’s lies are blasted through internet sites at ever increasing speed. We are burdened by so many untruths that I wonder about the consequences of making false political claims. It takes so much time to fact check that most of us are unwilling to look into the truth of most comments.
Entrepreneurs often say they will only do business with someone they trust. They are quite content with a handshake agreement, believing that written contracts somehow undermine trust. However, since no one can ever assume that something will not wind up in court, it is at least wise to have credible witnesses to a business agreement.
Politicians are another story for most voters don’t think of them as people to be trusted. The consequences of making false claims are rarely strong enough to dissuade voters from supporting those who espouse their political views. Political fabrication has become an art with “Pants on Fire” burning tolerance-to-falsehoods into our psyche.
I’m concerned. Are you?
Do comment at eichingerfineart.com/blog
Nixon,S ( 2014) When your word and a handshake meant something ChicagoNow. retrieved from http://www.chicagonow.com/lupus-purple-reigns/2014/12/when-your-word-and-a-handshake-meant-something/
Harline, K. (2018) Oral Contracts: Do They Carry Any Weight? legalzoom. retrieved from https://www.legalzoom.com/articles/oral-contracts-do-they-carry-any-weight
Walker,D (2018) Does a handshake form a legally binding contract? Business advice. retrieved from http://businessadvice.co.uk/business-development/business-planning/does-a-handshake-form-a-legally-binding-contract/
Seeking Perfection Acrylic on Canvas / 20” by 24” / $399 What do you see as the truth of this image? Do you think you and your neighbor would describe it in the same way?
Do You Mean It?
When you say something do you mean it? Can another person depend on your words and attest to the integrity of your intention? What do you do when you make arrangements to meet someone and an opportunity arises that is more interesting? Do you break your commitment by phon, text, email? If you do, are you honest about your reason for backing out of the engagement or do you tell a little white lie?
There was a time when a person’s word and a handshake was something to be counted on. It was all it took to seal a deal—no notaries, legal documents or witnesses needed. When there were disputes they were taken to the tribal leader who would dispense justice.
In our country, we are urged to be more careful for times have changed greatly in our litigious society? An attorney friend recently said that if it wasn’t signed and sealed there was no promise. He mentioned that we can basically say anything and change our minds without concern for a lawsuit.
I’ve since discovered, however, that this lawyer’s remark was nuanced. Verbal agreements are binding as long as the proof will hold up in court—which isn’t easy. So what has to be done to turn a verbal promise into a court approved contract?
One way to validate an oral agreement is to put your words into immediate action. If one party acts and the other is in compliance, evidence is created that proves there was a deal. Emails, letters, memos and receipts all reinforce handshake deals. Telling a friend what happened at the meeting and sending a “thank you” letter describing what was said are two other ways to seal a deal.
It is unusual for handshake arrangements to wind up in court, though it is possible. When they fall apart it is usually over details. If you are exchanging a toaster oven for two hours of roof cleaning, you are probably OK with a verbal agreement but to rent an apartment or engage in work for hire, for clarity it is best put the arrangement in writing. Both parties must be crystal clear over the terms of the agreement they have entered into. If all details are not clear then there is a potential for a dispute. You may make an agreement for someone to design a logo for your business that is not in writing. But once it is complete, you may discover that you do not own the logo because transferring intellectual property rights is not bound by a verbal agreement.
You may wonder why I bring this topic to your attention. Once again, it is because we live in a political climate that is filled with he said/she said accusations. It makes me wonder about truth and how a person can be held accountable for words spoken in private. Fabrications have been part of American politics for a long time. Resumes are routinely puffed up, misdeeds hidden, sexual affairs denied, and false information presented to the public. But today’s lies are blasted through internet sites at ever increasing speed. We are burdened by so many untruths that I wonder about the consequences of making false political claims. It takes so much time to fact check that most of us are unwilling to look into the truth of most comments.
Entrepreneurs often say they will only do business with someone they trust. They are quite content with a handshake agreement, believing that written contracts somehow undermine trust. However, since no one can ever assume that something will not wind up in court, it is at least wise to have credible witnesses to a business agreement.
Politicians are another story for most voters don’t think of them as people to be trusted. The consequences of making false claims are rarely strong enough to dissuade voters from supporting those who espouse their political views. Political fabrication has become an art with “Pants on Fire” burning tolerance-to-falsehoods into our psyche.
I’m concerned. Are you?
Do comment at eichingerfineart.com/blog
Nixon,S ( 2014) When your word and a handshake meant something ChicagoNow. retrieved from http://www.chicagonow.com/lupus-purple-reigns/2014/12/when-your-word-and-a-handshake-meant-something/
Harline, K. (2018) Oral Contracts: Do They Carry Any Weight? legalzoom. retrieved from https://www.legalzoom.com/articles/oral-contracts-do-they-carry-any-weight
Walker,D (2018) Does a handshake form a legally binding contract? Business advice. retrieved from http://businessadvice.co.uk/business-development/business-planning/does-a-handshake-form-a-legally-binding-contract/