Is a contract valid if one party doesn&#39;t know the other has signed? Is a contract valid if one party doesn't know the other has signed? For example one party signs a contract, faxes or emails it to the other party, but the other party doesn't reply. Can the other party play it to their advantage saying "we had agreed to this!" when it works for them and "we never signed this!" when it doesn't?
Fax or email At this time in common law, faxes and email are considered to have been accepted when actually communicated to the other party. This means that if I sign a contract and send it to you, I acceptance of the offer is not actually effected until you read it. Post However, the postal acceptance rule can play havoc with this. Under this rule, and specifically for post, as long as there is some indication that we contemplated acceptance by post, my acceptance of the offer is effected the moment I put it in the mailbox, regardless of when or whether it actually reaches you. Your scenario A has signed a contract and faxes it to B B doesn't reply A or B tries to claim that they never agreed to this or signed this B has read the contract and was the offeree If B claims not to have read it, A must prove that they have, or that acceptance was otherwise communicated to them. This is unless the postal acceptance rule applies, in which case it does not matter whether or not it was read. Proving that it was posted is a different matter. B hasn't read the contract or was not the offeree A was the offeree (A sent B a signed contract) In this case, A must prove that they actually communicate a revocation of the offer. If B has not accepted the offer, then A can communicate this in any reasonable way. If B has accepted the offer, then A must prove that the revocation was effected prior to their acceptance. Otherwise, A is bound by the contract. A and B drafted this contract together (offer and acceptance is unclear but there is clearly agreement at some point) In this case, it's a bit murkier but it is likely that A would not be bound by the contract.
You signed the contract It does not have to be “shown” to you, it just has to be available. You say it was “on the back side”; providing you had the opportunity to turn the paper over, it was available to you and it doesn’t matter that you didn’t see it or read it - that’s your problem. If they deliberately disguised the fact that the contract had two sides or actively prevented you from looking at the back, there might be a way out. But, as stated, it seems you just didn’t look.
First of all, there is no breach - they said they would pay it "over the course of the first year"; in what way is the first week not part of the first year? Second, breaching a contract doesn't always allow the aggrieved party to terminate it: in fact, being able to terminate is only for the most egregious of breaches or ones that are specifically spelled out as giving a right to termination. For example, failure to deliver (or pay) on time or in full would not allow termination, only damages.
which of these conditions are enforceable (as in I could collect damages from a person for using the wrong plan)? The validity of the contract does not depend on the outlined conditions being that weird. These weird conditions are merely a way of saying that [almost] everyone is required to pay $10/month for using the website. What determines the validity of the contract is the issue of whether users knew or [reasonably] should have known the ToS. If the website does not contain functionality toward reasonably ensuring that users become aware of the ToS prior to using the website, it will be unlikely or impossible for the website owner to establish that a contract was formed. In terms of Restatement (Second) of Contracts at §§ 17-20, users' reasonable misunderstanding would preclude a finding of mutual assent on which contracts are premised.
Written Contract If there was a written contract, the fact that it wasn't signed is not relevant. While a signature is evidence of agreement with the terms there are other ways that acceptance can be indicated: like you paying them $600. Wrong Information Where the error is fundamental to the performance - e.g. you needed shipment to Alaska and they were offering shipment to Alabama, the contract would be void ab initio. That is, it never happened and everyone needs to be returned to their original positions as far as possible. However, in general, an error by one or the other party in their understanding of what was agreed does not invalidate the contract. For example, if you told them it was a "small" dog because it was small for a Great Dane but under an objective classification, it is, in fact, a "large" dog the contract must be completed and either you or they wear the additional cost of doing so. Whether they are entitled to ask for additional payment "due to some wrong information" depends on who took the risk under the contract for its correctness? Barring a specific term, the risk usually lies with the party that provided the "wrong information" but some contract will assign the risk for one party's errors to the other party - subject to a requirement to act in good faith. If they are not entitled to additional payment, they have to perform the contract for the original fee. If they are entitled, then you have to pay a reasonable price increase - you are not generally entitled to cancel. All of this turns on the specific terms of the contract and the exact nature of the "wrong information". Consumer Protection Law CPL in your state or their state or both will almost certainly have something to say about this beyond common law rules of contract.
Does the shipping company have any legal claim to thes fees from the recipient? No. There is no contract between the recipient and the company. In fact, the company's attempt to charge twice for the same service is unlawful. The company's requirement for the sender to fill out paper work and pay fees reflects that the fees are part of a contract to which only the company and the sender are parties. The recipient is merely a beneficiary of that contract, and as such he has no duty to provide any consideration for the benefit of the company. Additionally, the company's failure at delivery to inform the recipient about any pending fees further weakens the allegation that the recipient ever had any obligation toward the company. The company prevented the recipient from making an informed decision when receiving the package, which implies that the sole interaction between company and recipient (i.e., the delivery) falls short of formation of contract.
To form a contract, you must have: Intention to create legal relations Agreement Consideration Legal Capacity Genuine Consent Legality of Objects On the face of it, Alice and Bob's agreement meets these criteria so it is a legally binding contract and Alice would have every prospect of success in a legal action for breach of contract. Specifically: by writing out and signing the agreement they are showing an intention to be legally bound what they have each agreed to do is vey clear; more than many I have seen both parties have provided consideration: dog walking and money there is no suggestion that either was legally incapable of forming a contract genuine consent refers to them actually agreeing what they though they agreed, for example if Alice asked Bob to walk her dog (meaning the Great Dane) and Bob agreed (meaning the Jack Russell) there has not been genuine consent dog walking and paying money are both legal
Yes. The formation of a contract requires (among other things) that the parties intend to be legally bound. Their sending the offer from a corporate email address shows this. You replying in the same way shows your intention. Signatures are optional. Consider, verbal contracts are binding; how do you sign those?