Legal Question in Business Law in California

working on and off a clock is that the same as a contract?

by working on and off the clock is this the same as a contract with a person?


Asked on 8/14/00, 2:53 pm

1 Answer from Attorneys

Susan Adler LAW OFFICES OF SUSAN ADLER, ESQ.

Re: working on and off a clock is that the same as a contract?

It is very possible that you had a valid contract. Although you did not give any specific information as to what you and the other person or company had understood to be the agreement as to the exact terms of the contract, this basic information may be helpful.

Very generally speaking... a contract is an understanding and agreement which includes:

1. an offer

2. an acceptance, and

3. consideration (payment).

A contract does not have to be written to be effective: In many circumstances it can be executed (enacted) by being verbally agreed to, and it can also be agreed to by conduct, (this type of contract is also called an "implied" contract.)

One crucial question is did you and the other party reach an UNDERSTANDING of what the terms of the contract were? If you did, by your actions, (i.e.working on and off the clock") if you reasonably expected that you were fulfilling your part of the contract, and you were supposed to get paid for your services, then I would think there was a contract.

I wish you luck in your resolution of this matter and if I can be of service please call me at (818) 888 0533.

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Answered on 9/20/00, 5:45 pm


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