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Tina, Lawyer
Category: Legal
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Experience:  JD, BBA Over 25 years legal and business experience.
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If I filled in dollar amounts on a supposed contract but

Customer Question

if I filled in dollar amounts on a supposed contract but refused to sign it because dollar amounts were not right and I stated that I needed time check the true amounts. Is that document legal to use in a breach of contract case?
Submitted: 1 year ago.
Category: Legal
Expert:  Bill Attorney replied 1 year ago.

Thanks for sending in your question today.

I will do my best to answer your question as fully as possible. In return please rate 5 stars before exiting.

If you need more information, follow up with your question.

Certain contracts must be in writing :

  • Contracts in consideration. This provision covers prenuptial agreements.
  • Contracts that cannot be performed within one year. However, contracts of indefinite duration do not fall under the statute of frauds regardless of how long the performance actually takes.
  • Contracts for the transfer of an interest in land. This applies not only to a contract to sell land but also to any other contract in which land or an interest in it is disposed, such as the grant of a mortgage or an easement.
  • Contracts by the executor of a will to pay a debt..
  • Contracts for the sale of goods totaling $500 or more.
  • Contracts in which one party becomes a surety (acts as guarantor) for another party's debt or other obligation.

From your information, there is some form of written contract, but that hasn't been signed by you.

In California a contract should be signed by both parties, who intend to be bound by the contract.

The fact that the contract wasn't signed by you is sufficient for a court to deduce that there was no finality of agreement.

This is unless the contract indicated otherwise, such as that your signature wouldn't be required.

From the information provided, this is your answer.

Please rate 5 stars or follow up with me.

Expert:  Bill Attorney replied 1 year ago.

To add some more information. All documents pertaining to a breach of contract case can be used to build on a case of breach of contract.

While in the normal course, a contract should be signed, a party is allowed to introduce eveidence; such as documents or partial performance as evidence of a contract.