Legal Question in Consumer Law in California

Can a contract be binding if the signature was signed by an unauthorized person, not in any authority to do so?


Asked on 9/07/10, 7:46 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

There's a whole semester law school course in the law of Agency.

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Answered on 9/12/10, 7:59 pm
Herb Fox Law Office of Herb Fox

Your question raises a variety of issues. The general rule is that an individual must have authority in order to bind another person or entity, But whether that person had such authority is a question of fact that a judge or jury may need to decide.

Further, regardless of the existence of authority, if the person or entity against whom the contract is being enforced performed... for example, delivered or accepted the goods... they may be bound based on performance.

There are many other facets that need to be explored. You should disregard Mr. Stone's snide attitude, but the bottom line is: consult an attorney,

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Answered on 9/12/10, 9:53 pm

While snide, Mr. Stone is also correct. There are whole bodies of law on implied authority, ostensible authority, etc. And even in the absence of authority, a person may be bound by equitable principles, such as in the example Mr. Fox gives of accepting the benefits of the bargain.

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Answered on 9/13/10, 9:06 am


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