How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask P. Simmons Your Own Question

P. Simmons
P. Simmons, Attorney
Category: Business Law
Satisfied Customers: 27118
Experience:  12+ yrs. of legal experience.
11181181
Type Your Business Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

Hello, I am looking at a contract where the term (duration

Resolved Question:

Hello,
I am looking at a contract where the term (duration of the contract) in the main body of the agreement says a different duration and in the attachment A says a different duration. If this contract is contested, which term will be considered valid and binding?
Submitted: 1 year ago.
Category: Business Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Depends...what was the agreement? What you describe, if there is a contract with internal terms that are inconsistent? That may void the contract...but it is not automatic. The court will look to WHY the inconsistency. If it can be shown what was intended by the parties in the contract, then the court may well allow the contract to stand (with the intended language substituted for any inconsistencies).

But if there is no clear evidence to support what the parties intended, the court can void the contract.

So it will depend on what evidence can be presented by the parties as to what the intent of the parties was at the time the contract was negotiated.

Customer: replied 1 year ago.

The agreement was a celebrity endorsement agreement. In the body of teh contract it clearly defines the term as 1 yr from when the website goes live, however in the Attachment which defines the obligations on the endorsement period, it just has a line which says Initial Endorsement term April2011-May2013 something like that. I can share an attachment if that will help better see this.


 

Expert:  P. Simmons replied 1 year ago.
Sorry for the delay.

What is the goal here? Are you trying to break the contract? Or enforce it?
Customer: replied 1 year ago.

Enforce it.


See attachment

Expert:  P. Simmons replied 1 year ago.
Thank you

Then you have to prove that this was an oversight or mistake but that the mistake does not impact the negotiations or agreement.

Contract law is simple. They teach it first year, first semester in law school

To have a valid contract you need only 3 things

1. An offer by one of the parties (to do something or refrain from doing something).

2. Acceptance by the other party of the offer

These two, taken together, are often referred to as a "meeting of the minds". TO have a contract there must be an agreement as to what will be done.

3. Consideration: There must be an agreement to exchange something of value (time/money/etc) pursuant to the contract.

That is it.

So if you have a written contract where there is an inconsistency, if you can prove that the rest of the contract fairly summarizes the "meeting of the minds"

In the case you describe, it sounds like you had a meeting of the minds of the dates in the body of the contract but that there is an error in the attachment. If that is the case? And you can prove it? Then you can enforce the contract.

It truly is as simple as that

On the other hand if the other party could prove there was no meeting of the minds on the date, the court could void the contract.

So if you want to enforce this? You want to be able to prove you had an agreement...you can do this with the contract as well as with testimony about the negotiations that led to the contract



P. Simmons, Attorney
Category: Business Law
Satisfied Customers: 27118
Experience: 12+ yrs. of legal experience.
P. Simmons and 3 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

I see. Thank you for the detailed explanation. The glitch here is that even though we may have had meeting of minds when this was signed, now the celeb wants to back out from the responsibility by saying that the term expired (whether genuinely assuming that or using that error in there to bring that up), we did offer to work with them but if it doesnt work, we might have to file suit. So I wanted to get some better knowledge of how that will work.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1767
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1767
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1495
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1174
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    504
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    373
    14 years practicing attorney, MBA
 
 
 

Related Business Law Questions

Chat Now With A Business Lawyer
P. Simmons
P. Simmons
Attorney
185 Satisfied Customers
12+ yrs. of legal experience.