Legal Question in Business Law in California

Unsigned agreement

I have signed an agreement with a person in a foreign country. But that person did not sign and mail it back to me.

Is this agreement valid? Do I have to obey the agreement?


Asked on 2/20/00, 11:19 pm

2 Answers from Attorneys

Michael McDaniel Countryman & McDaniel

Re: Unsigned agreement

Your question is not an easy one. The answer may depend upon such things as A.] who drafed the contract; B.] what country you are talking about; and C.] where an enforcement lawsuit might be brought. You may or may not sit behind an enforecable agreement. Give me the full details at CargoLaw@aol.com and I will take a look. McD

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Answered on 2/23/00, 10:26 pm
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Unsigned agreement

The terms of the agreement may tell you whether you are bound. If the agreement states that it is required to have a countersigned and returned agreement to have a valid contract, then you are not bound.

However, if you have obtained a benefit through the agreement, you may be bound. If the other party has suffered a detriment in reliance on your performance, you may also be bound. For, example, if you agreed to purchase 100 widgets, and in reliance on your agreement to purchase the widgets, the other party bought parts and materials and began to make the widgets, you are probably liable.

You need to (1) read the agreement carefully; (2) if you have any questions, spend a few dollars and consult with an attorney.

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Answered on 2/23/00, 10:40 pm


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