What should I do if I don't fulfill my verbal promise?

The so-called verbal commitment is the act of both parties reaching an agreement orally through consultation. As for disputes caused by verbal promises, there are often many problems and it is difficult to obtain evidence. So, what if the verbal promise is not fulfilled? Here is an introduction for everyone!

First, what should I do if my oral promise is not fulfilled?

If the oral promise is not fulfilled, relevant evidence shall be collected, and the other party shall be required to bear the liabilities for breach of contract such as continuing to perform, taking remedial measures and compensating for losses.

According to the first paragraph of Article 469 of the Civil Code implemented by 202 1, the parties may conclude a contract in written form, orally or in other forms.

Article 577 stipulates that if a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 578 stipulates that if one party clearly expresses or shows by his own behavior that he will not perform his contractual obligations, the other party may demand that he bear the liability for breach of contract before the expiration of the performance period.

Second, what is a verbal commitment?

A civil juristic act refers to a legal act carried out by a citizen or a legal person in order to establish, change or terminate civil rights and obligations.

A civil juristic act may take written form, oral form or other forms. Where the law provides for the use of specific forms, such provisions shall prevail.

A civil juristic act takes legal effect from the date of its establishment, and the actor may not change or terminate it at will, except in accordance with the law or with the consent of the other party.

To sum up, oral commitment is a kind of legal act implemented by citizens and legal persons in order to establish, change and terminate civil rights and obligations.

Third, how to obtain evidence for oral commitment

Although the complainant thinks that the oral recommendation of the merchant is different from the written contract, in the case of insufficient evidence, the written contract should be used as the basis for the rights and obligations of both parties.

However, if the consumer has a 7-day "regret period" and the consumer repents within 7 days after signing the contract and asks to cancel the contract, the merchant should cooperate to cancel the contract.

At the same time, when a foreign company entrusts a Shanghai company to sell tourism products, if the entrusted Shanghai company is not qualified to engage in the corresponding tourism products, the industry and commerce and tourism departments can impose administrative penalties on the entrusted Shanghai company. As for the company's behavior of collecting money without issuing invoices, it is suspected of tax evasion, and consumers can report it to the tax authorities.

In order to prevent accidents, when consumers sign a written contract after accepting the on-site recommendation from the merchants, they must carefully read whether the terms of the written contract are different from the oral recommendation from the merchants, and sign carefully to avoid impulsive consumption. The day after the interview, Mr. Ye replied to the reporter that the tour had replied that he would go to the company to sign a refund agreement.

The above is the introduction of "what to do if you don't fulfill your oral promise", mainly introducing the handling method of oral promise, as well as the concept of oral promise and the problem of obtaining evidence. If necessary, it is recommended to find a lawyer to solve the legal problems of oral commitment!