That is the confusion.
The language does not specify what is considered full execution nor does it explicitly mention signatures, simply that the settlement contract will become effective upon full execution. Or is it full execution in the sense of both parties executing all terms of the contract?
Does it mean execution of both signatures as one defendant did not send copy of he signed contract so is it only binding for those who signed or not at all?
It is confusing.
Thank you. One more question?
If this is the case, what is your opinion on the following?
Given the unsigned settlement agreement was meant to replace the first breached contract, if the latter is not in effect (Due to one missing signature), since money exchanged hands based on belief that this new settlement agreement would cure the previously breached one --does this mean we are back to the original contract legally if the one mising sgnature invalidates the new contract?
Considering money exchanged hands due to counting that the new contract was executed (While waiting for the other person's signed agreement), does this mean that we have reverted back to the original, previous breached contract or what are possibilities here in your personal or expert opinion? Whichever one is used on this forum?
What is the case IYHO, due to there being exchange of money (Between parties) that perhaps a judge might consider to be a cure to the previous breach, if the language in fact invalidates the settlement agreement making it invalid? I am going by different legal scenarios I have seen on legal shows.
What is your best interpreaion on this?
Is the cure to this error to try to obtain the ONE missing signature? If we cannot obtain that one signature, is the scenario above at play?
Thank you. I understand what you are saying.
I will do this. Is there a less expensive service? I realize that you said FREE consultation but that only goes so far really in contrat agreements. LOL.
Thank you again for your time,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).