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banjosue | If a signature on a contract is incomplete, is the contract binding? |
by stopping in the middle of a signing of a contract, I did not intend to sign the contract. It is now being shown as evidence that I did enter into a written contract. |
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tomcut2000
|
I think it is treated as a signed contract butit is up to the courts to decide |
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hottie
|
whatever |
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NotAnyoneYouKnow
|
This is a legal question, which no one here could possibly answer for you without knowing all of the circumstances of the situation.
I can tell you that several courts have recognized partial, initialed, and believe it or not, even misspelled signatures as sufficient evidence of intent to enter in a contractual agreement. Within the commonly-cited "expert" commentary on contract law, you'll find passages like:
Restatement (Second) of Contracts § 134 :"The signature to a memorandum may be any signature made or adopted with an intention, actual or apparent, to authenticate the writing as that of the signor."
and
Corbin, Contracts §§ 520-526 (1952): "A signature may consist of part or all of the signor’s name, even though misspelled or abbreviated to initials only."
You'll need a lawyer to analyze the specific circumstances of your situation in order to evaluate how these general rules may apply to your unique problem. |
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Ford
 |
By starting to sign, you have demonstrated intent. |
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disturbedfear
|
I think she meant yes. |
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skinnywayne
|
Well that fact that you started to sign it shows that you were aware of the contract and accpeted to sign it. Hard one to fight. The lawyers gatta love these cases, long court trials/dates... = brand new sail boat for lawyer!! |
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resource man
|
the signed contract is just a written contract to show the exact agreement
however you can also have verbal contract which are harder to prove
even if the written was thrown out
you would have to prove you side on the verbal |
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redsoxfan11x
 |
If you decided in the middle of signing it that you didn't want to enter the contract, you should have cancelled it at that time by tearing it up or scratching out your name.
If you are a minor, I don't think it's legal for you to enter into a contract, which may render the contract void (exceptions for contracts involving necessities of life.) |
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mopargrapeape
 |
Yes, it is a valid contract. Half of the signature shows intent to sign. |
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cirque de lune
|
it's a pretty tough predicament. what you should have done is torn up the contract the moment you decided not to go for it.
but, alas, we are here. you are going to have to give the judge a very compelling reason for why you changed your mind. good luck. |
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Left the building
|
Then the court will decide, but if you did not obliterate your signature and/or write "CANCELLED" or "VOID" in very clear letters, it appears you are trying to pull a fast one.
How was the other person supposed to know what your signature looks like? |
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sal
|
from my understanding, technically, the contract is not binding if your actual real signature is NOT complete. You need to get yourself some proper legal advice. I've had a couple of situations, some time ago; 1. where I couldn't get the roads board to correct the spelling of my surname on my licence & as a result, got off a couple of traffic infringements, based on a 'technicality'. the roads board soon fixed it though.
2. my hubby's ex-wife apparently 'signed' over ownership of some health insurance to my hubby, but thought she was really smart by only signing half of her name; ie: her name was Mary-anne BlahBlah, & she always used "Mary-Anne" except in this case where she only signed 'Mary BlahBlah', & we were told she would have to sign her 'full & proper signature' because it was a matter of legality.
If you can't afford a lawyer, you can go to your local community centre who usually have legal advisors on hand, who are either free or charge very little. |
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Eagleman
|
I can only tell you what occurred with my Son.
He volunteered for the U.S. Army, signed all the paper work, and was enlisted. My Son changed his mind about going to the Army. Instead he wanted to go to a particular collage near his home.
There was a misspelling of his name on the documents he had signed when he enlisted, thus the paper work was invalid.
I don't think he could have gotten released from his contract if we didn't find the error.
Eagleman |
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eddie9551
 |
Any mark can be used as a binding contract. Even the letter X. |
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Target
 |
If your signature (partial) was witnessed by another disassociated party, then the mark may be construed as a legal and binding affirmation to the terms that you agreed to. However, if you stopped and decided to reconsider the contract, you should have been able to line out or obliterate your signature and terminate the agreement.
I don't know the specifics of your situation. You should consult a lawyer in your local area. Many law offices offer a free consultation. If you require the service of an attorney, their will undoubtedly be a charge for the lawyers services. |
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sexy_trix2007
 |
if you did not sign your surname then it is not binding. there are a lot of people in this world with same first names |
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chan
|
yes it is. |
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rawlesk
|
my 17yrs old son and i had a meeting wit his principal, she drew up a contract that he was not to get into any trouble and he could not get any D's or F's on his report card the contract was addressed to myself as well but he was the only one who signed it. Is that contract legal because it is addressed to me as well? It starts off saying as we discussed in our meeting. I told my son not to sign it when he got into school but he did cause he didn't know his rights. |
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