Legal Definitions - verba

Verba refers to words, particularly those that are spoken rather than written. In legal contexts, this term often distinguishes between oral statements, declarations, or agreements and those that have been formally documented in writing.

Here are some examples illustrating the application of verba:

• Imagine a witness testifying in a courtroom. The witness recounts events from their memory, describing what they saw or heard. The specific verba—the spoken words used by the witness during their testimony—are crucial evidence. The jury and judge listen carefully to these oral statements to assess their credibility and relevance to the case. This highlights how spoken words form the basis of direct evidence in legal proceedings.

• Consider a situation where two business partners discuss and agree upon the terms of a new venture during a meeting, shaking hands at the end. While no written contract is signed at that moment, the specific verba—the verbal promises, conditions, and agreements exchanged between them—could potentially form an oral contract. Later, if a dispute arises, the court might need to determine what exact words were spoken to ascertain the existence and terms of this verbal agreement, even though proving such an agreement can be challenging without written documentation.