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Study Legal Contract Before Signing

| Blog | May 23, 2010

A warning to be careful in signing contracts, particularly with out of town business firms with which one is not familiar has been issued by the Police department. According to the local police, the counsel and advice of a competent attorney is advisable before signing important documents. They have also issued other points of caution which are sometimes not known or misconstrued.

A contract need not be identified by the word contract. It may sometimes be represented as a receipt, sales slip, guarantee, or questionnaire. Contracts may be oral or written and may be made in correspondence and other ways. The law recognizes implied contracts in certain instances.

A person is ethically entitled to  a copy of any contract. He should make it a point to keep a copy of what he signs. If a person signs a contract without reading it, it is still binding. A person’s signature indicates it has been read and he understands the terms or conditions. In addition, some contracts contain a provision to the effect that no representations other than those in the contract shall be recognized.

A written contract usually holds, unless satisfactory proof is available to how the person was induced to sign through false or fraudulent representations. A person should request all oral representation be inserted in the contract before it is signed.

A contract signed to get rid of a persistent salesman is binding. A contract signed in blank and filled in later indicates the person authorized the other party to fill in the terms. In a clear case of fraud, relief may be obtained through legal action.

A guarantee does not necessarily mean satisfaction or your money back. Some guarantees are full of loopholes through which the guarantee can be evaded. It is extreme importance to know and understand limitations and terms of guarantees. Contracts signed on Sunday or holidays are binding.

Other questions for lawyers:

Question: Is one in possession of property with the consent of the owner a tenant at will?
Answer: Yes. In the absence of further proof he is presumed to be a tenant at will.

Question: Is the thirty days notice to terminate a tenancy at will required where the landlord does not consent to the occupancy of the premises by the tenant after the termination of a written lease?
Answer: No.

Question: When is an instrument payable on demand?
Answer: An instrument is payable on demand when it is expressed to be payable on demand, or at sight, or on presentation. It is also payable on demand when no time for payment is expressed.

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