Legal Question in Intellectual Property in Massachusetts

Does adding a written line of text to a typed up NDA effect its function? The line of text was written before both parties executed the agreement.


Asked on 8/16/10, 11:55 am

2 Answers from Attorneys

Kevin B. Murphy Franchise Foundations, APC

Any attorney will say as long as the written line was initialed by both parties, there will be no problem. If it wasn't, there's no way to determine when or who inserted it, or if it was agreed upon. In this event, the written part would probably be disregarded. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 8/21/10, 3:54 pm
Lawrence Graves Coolidge & Graves PLLC

If there is evidence that the line was added before execution, then it would be part of the agreement -- initials would be only one way to show that the line was there at the time of signing. Thus, if there was an exchange of correspondance about adding the language, or the like, you would be able to show that the form was intended to be modified. Best wishes,

LDWG

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Answered on 8/23/10, 4:12 am


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