Legal Question...

[ddss6_99]

Two parties (neither of which are lawyers) make an agreement. They have it written up and both sign the document. Is this a binding contract?

[Piz0wn0reD!!!!!!]

It depends on the content of the contract. You should look up existing legal contracts and try to model it after that. The best way to go about this is to talk w/ a lawyer; if youre contract has 1 "illegitimate" part to it w/o a certain clause, the whole contract is not binding

[IggyWH]

[ QUOTE ]
Two parties (neither of which are lawyers) make an agreement. They have it written up and both sign the document. Is this a binding contract?

[/ QUOTE ]

It's all debatable but if they can't prove that they didn't sign the contract then I believe it is binding (as long as it's something legal).

[ddss6_99]

It's something like this. Party A did something to Party B's property, but Party A can't prove it. Party B retaliated and did something to Party A's property, but Party A can't prove it. They both want to agree to confess what happened, but have no legal action pursued by the other party. They want this to be in writting so that nobody can lie. Help me out, I'm trying to mediate a feud between 2 close friends.

[Piz0wn0reD!!!!!!]

[ QUOTE ]

It's all debatable but if they can't prove that they didn't sign the contract then I believe it is binding (as long as it's something legal).

[/ QUOTE ]

Its the actuall content of the contract that makes it legally binding or not. Most contracts have many clauses, and 1/2-3/4 of them are considered standard these days.

[IggyWH]

[ QUOTE ]
[ QUOTE ]

It's all debatable but if they can't prove that they didn't sign the contract then I believe it is binding (as long as it's something legal).

[/ QUOTE ]

Its the actuall content of the contract that makes it legally binding or not. Most contracts have many clauses, and 1/2-3/4 of them are considered standard these days.

[/ QUOTE ]

That's what I meant by "as long as it's something legal". You can't hold a contract legal if the clause in breaking the contract is killing someones first born child.

If you can prove that you actually didn't support the contract (sign it) then it also can't be held legal. Proving that isn't exactly easy but is possible.

[Rhone]

[ QUOTE ]
It's something like this. Party A did something to Party B's property, but Party A can't prove it. Party B retaliated and did something to Party A's property, but Party A can't prove it. They both want to agree to confess what happened, but have no legal action pursued by the other party. They want this to be in writting so that nobody can lie. Help me out, I'm trying to mediate a feud between 2 close friends.

[/ QUOTE ]

I'm not a lawyer, but I'm fairly certain that it's very difficult to sign away your rights, including your right to sue. So what you're proposing is basically the two people agree on paper not to sue one another after they reveal their actions, right? I don't think that's going to fly...

[Piz0wn0reD!!!!!!]

[ QUOTE ]

I'm not a lawyer, but I'm fairly certain that it's very difficult to sign away your rights, including your right to sue. So what you're proposing is basically the two people agree on paper not to sue one another after they reveal their actions, right? I don't think that's going to fly...

[/ QUOTE ]

actually quite the opposite. The indemnity clause offers protection from mostlawsuits, if not all.

People give up their right to sue all the time. It's called a Release. I agree not to sue you in exchange for you doing something for me or giving me something.

The key to this contract sounds like reciting the consideration for this agreement. Meaning you should say what "A" is giving up in exchange for "B"'s agreement, and vice versa. You can't have a contract without consideration. I can't obligate myself by signing a paper to give you $10 if you are not giving me anything. That's a gift, not a contract. As long as there is nothing illegal in the deal (and it doesn't sound like there is), it sounds kosher.

[ArchAngel71857]

Pay the [censored] bet because your team lost in the NFL playoffs.

-AA

[ddss6_99]

Sadly enough...my team didn't even make the playoffs /images/graemlins/frown.gif

[mmcd]

The correct answer is yes.

[La Brujita]

There is a long answer and a short answer to your question.

Here is the shortish answer.

Whether they are lawyers or not is not particlurly relevant in deciding if there is a binding contract.

A judge would decide if certain things required to be met were met, offer, acceptence consideration etc., was the agreement reached volunatrily, was their capacity to sign, was the subject matter of the agreement legal etc.

Shortish answer, if there was a meeting of the minds and a signed document with relevant terms included more likely than not you have a contract.

That is not intended to give you any legal advice.

In your friend's situation I think ideally they would have a lawyer draft it, if not they should look for a release agreement or whatever would be the appropriate agreement and model their document after it.

[Leo99]

I mostly agree with most of what you say. However, it's hard to have a contract or meeting of the minds if the two parties don't know what the other party is admitting until after the contract becomes effective. You're siging in the dark. And you'll be hard pressed to find a lawyer to get involved with such a matter. Lawyers work for a client not two fellows that want to write up some BS contract and lawyers are trained to protect their client's interests. They would surely not have their client sign away any rights "in the dark."

Suppose person A tipped over person B's garbage can. Person B retaliated by infesting person A's house with termites. They both sign the contract releasing their rights to sue "in the dark." Person A finds out about the termites after they've done signifcant damage to his house and sues person B. A judge will likely void the contract and allow the lawsuit to continue because the damage inflicted by person B goes above and beyond what person A would have reasonably accepted and expected when signing the contract.

My opinion. Getting your neighbors to write things down is a good way to get them to get along and let by-gones be by-gones is a good start. I'd leave the legal system out of it and just call it a social contract.

[bholdr]

it has a lot higher chance of being binding if a: it is based on a standard legal form, and b: you take it to a bank and get it notorized.

also not legal advice.

[BeerMoney]

A verbal contract would be binding if both parties agreed with its details. You could write it on a rock if you wanted to.

[slickpoppa]

I'm a first year law student and know the answer, but I have a $200 retainer fee

[La Brujita]

[ QUOTE ]
I mostly agree with most of what you say. However, it's hard to have a contract or meeting of the minds if the two parties don't know what the other party is admitting until after the contract becomes effective. You're siging in the dark.

[/ QUOTE ]

I agree, but I didn't understand the description of the situation to include a signing in the dark, rather they intended to get together and hammer out something.

Also, just as a practical matter, if one asks the question is the contract binding, if the contract works to get both parties to act in accordance with its terms and neither disputes the contract then the abstract legal matter of whether or not it is binding is mostly irrelevant.

As an example, let's say I am 17 and sign a contract to sell my bike to a college senior for $100. Depending on the state the contract might not be valid but if I get my 100, the dude takes my bike and we both think we have a valid contract and we act in accordance with its terms nobody is going to the courts to unwind anything.

This example isn't perfect because the parents could potentially step in but hopefully my general point is clear.

[wacki]

[ QUOTE ]
I'm a first year law student and know the answer, but I have a $200 retainer fee

[/ QUOTE ]

You should be aware that practicing law w/o a license is illegal.

When I took business law, we were taught that all contracts, if provable (oral and written), are binding under law as long as there is "consideration".

Please note that I am not a lawyer and you should uses this post for information purposes only.