Legal Question in Business Law in California

I wrote a proposal to supply materials and do a remodel job in Japan, I received a materials draw to purchase materials and ship by container to Japan, my question is; Is the proposal binding as say a written contract with signatures, my proposal did not have any signatures, but the client wired the funds anyway and I shipped the materials


Asked on 9/04/09, 5:19 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Maybe, but there is no way to be sure without knowing what your proposal said and what sort of communications went on between you and the customer.

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Answered on 9/04/09, 5:14 pm
Bruce Beal Beal Business Law

An offeree finalizes contract formation by unequivocally accepting the terms of the offer prior to any withdrawal of the offer by the offeror. Acceptance of an offer may be communicated by substantial performance of the terms of the offer. In other words, your proposal constituted an offer, and their performance constituted the acceptance, and your continued performance just further confirmed the agreement, signature or not. All of the above assumes that no critical term was left out of the bargain. The law provides missing non-critical terms by normal custom and usage in the industry.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through my firm�s website located at BealBusinessLaw.com.

The above material does not constitute legal advice and should not be relied on. It does not create an attorney-client relationship. Each locality has differing laws. Each matter has differing facts. A legal matter cannot be satisfactorily resolved without a comprehensive review and analysis of all the unique facts and laws at issue by an able attorney. Your matter may result in a loss of rights if you do not timely retain such an attorney.

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Answered on 9/17/09, 5:19 pm


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