In Scotland, verbal contracts are legally binding and enforceable under the law. However, the problem with verbal contracts is that they are difficult to prove in court. There is no written document that can be produced to show what was agreed upon and the terms of the contract.

In the absence of a written agreement, the court must rely on the testimony of the parties involved to determine the terms of the contract. This can lead to confusion and disagreement over what was actually agreed upon. It is therefore important to be very clear about the terms of any verbal agreement to avoid any misunderstandings or disputes.

There have been several cases in Scotland that have dealt with verbal contracts. One such case is the case of Stewart v Kennedy. In this case, the plaintiff claimed that he had entered into a verbal agreement with the defendant to purchase a piece of land. The defendant denied that any such agreement had been made.

The court ultimately found in favor of the plaintiff, stating that the evidence provided by both parties indicated that a verbal agreement had been made. The terms of the agreement were determined by the testimony of the parties involved as well as other evidence presented in court.

Another notable case is the case of Watson v Reid. In this case, the plaintiff claimed that he had agreed to purchase a car from the defendant for a certain price. The defendant denied that any such agreement had been made.

The court once again had to rely on the testimony of the parties involved to determine the terms of the agreement. The court ultimately found in favor of the plaintiff, stating that the evidence presented by the plaintiff was more persuasive than that presented by the defendant.

These cases illustrate the importance of being very clear about the terms of any verbal agreement. It is also important to keep a record of any verbal agreements, such as by sending an email summarizing the terms of the agreement. This can be used as evidence in court if necessary.

In conclusion, verbal contracts are legally binding in Scotland, but can be difficult to prove in court. It is therefore important to be clear about the terms of any verbal agreement and to keep a record of it whenever possible.