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Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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If a and have a common contract with d. can d enforce a

Customer Question

if a and b have a common contract with d . can d enforce a clause on one and not the other
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.


This is Samuel and I will provide you the information in this regard.

Only if the clause that is being enforced specifically states that it is one only the one party. Or if one of the parties is not legally able to enter into the contract. Otherwise, both parties are equally responsible for how the contract will be fulfilled. One cannot be held in breach without the other.

Any person who signs a contract is presumed to know what it says, and is bound to the terms they would have known about, had they read the contract. So the short answer is No. It must be equally enforced.

Expert:  Sam replied 1 year ago.

Now that does not mean that if one party is doing some to hinder the fulfillment of the contract that the other party cannot have a defense. But a suit for enforcement must be filed against all parties on the other side.