“Can I borrow your lawnmower?” It’s a simple, neighborly request that happens every day. But in our digital world, that casual exchange could become a binding legal agreement. The days of a simple handshake deal are fading. Text messages and emails create a written record of our conversations. This blurs the line between a friendly favor and an enforceable contract. Understanding this is crucial for protecting yourself.
The Elements of a Verbal Contract
A verbal contract can be just as valid as a written one if it meets certain criteria. For a legal agreement to be binding, it needs an offer, an acceptance, and consideration. Consideration means an exchange of value. For example, you say, “You can borrow my camera if you detail my car,” and your friend agrees. You have likely formed a verbal contract if they use the camera but don’t detail the car.
Text Messages and Emails as Evidence
Our digital paper trail is the biggest game-changer in informal agreements. A text message saying, “Sure, you can borrow my power washer, just bring it back Sunday,” creates a written record. A person can present this evidence in court to prove the loan’s terms. A casual text can instantly elevate a simple favor into a documented legal agreement. This makes it much easier to enforce if something goes wrong.
The “Promissory Estoppel” Principle
A legal principle called promissory estoppel can turn a promise into a legal agreement. This happens even without a formal contract. This applies when one person makes a promise that another person reasonably relies on to their detriment. For example, you promise to lend your truck to a friend for moving day. They rely on that promise and don’t rent a U-Haul, so you could be liable for their rental costs if you back out.
When Small Claims Court Gets Involved
If someone does not return a valuable borrowed item, the owner may go to small claims court. The same applies if the item is damaged. This is where text messages, emails, and witnesses become critical. A judge will look at the evidence. They will determine if a legal agreement existed and if someone violated its terms. The low cost of small claims court makes it an accessible option.
A Handshake Is No Longer Just a Handshake
In today’s world, you should treat even casual borrowing with caution. For high-value items, a simple, written agreement is not overkill; it’s smart protection. It should outline the terms of the loan and the item’s condition. Clarifying expectations upfront may feel awkward. However, it can prevent misunderstandings, financial loss, and the end of a friendship over a simple favor.
Have you ever had a disagreement with someone over a borrowed item? How did you resolve it? Share your story in the comments.
Read More:
14 Annoying Habits That Your Friends Are Afraid To Call You Out On
Why ‘Agreeing to Disagree’ Might Be Hurting Your Relationship More Than Helping
Latrice is a dedicated professional with a rich background in social work, complemented by an Associate Degree in the field. Her journey has been uniquely shaped by the rewarding experience of being a stay-at-home mom to her two children, aged 13 and 5. This role has not only been a testament to her commitment to family but has also provided her with invaluable life lessons and insights.
As a mother, Latrice has embraced the opportunity to educate her children on essential life skills, with a special focus on financial literacy, the nuances of life, and the importance of inner peace.