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
2 Answers from Attorneys
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.
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.
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