Legal Question in Intellectual Property in Colorado

Re: Binding Contracts

OK, this query has nothing to do with intellectual property, but:

For contracts governed by the "statute of frauds" (i.e., requirement that the contract be in writing), the operative language is simply that the document be "signed by the party to be charged." There is no requirement that the signature be in any particular place, or presented in any special manner.

The contents of a multi-page contract (really, every page other than the one bearing the signature of the "party to be charged") are an evidentiary question. The pages need not be attached at all in order to still constitute a unitary document; if one party attempts to substitute different pages before the signature page, the other party can always introduce evidence that the prior pages so presented are not authentic. Stapling is nothing but an attempt to make substitution more difficult. If you really want certainty, both parties should initial at the bottom of each page.

Best wishes,

LDWG

Re: Binding Contracts

I'll answer your questions in order:

1. You don't need something saying "I agree to the above" for the contract to be enforceable. It must appear from the face of the contract that it is a bargained-for agreement. Hence, if the contract states "C will do X and D will pay Y Dollars for X" it will probably be enough if both parties simply sign the agreement.

2. The prudent thing to do is to have the name of the contract on each page and number the pages "Page X of Y." Certainly it is also prudent to have each party initial each page. However, neither is necessary for most contracts to be enforceable. I would certainly have parties initial exhibits to agreements.