Legal Question in Consumer Law in California

Both parties reside in CA, and events occurred in CA.

We hired a video production crew to film an event. They emailed us a contract that listed all the services that they would perform and costs. We signed it and faxed it back to them, and paid all the costs according to the contract. There was a place on the contract for the video company to sign, but it was blank on the email that they sent.

The contract stated that they would produce two video for us (one short and one long) from the footage that they shot. They gave us only the short video. They stated that the longer video was "accidentally" included from another contract. They also said that it would cost us extra if we wanted them to produce a longer video.

Are the terms of the contract enforceable even though the vendor did not sign it? Can acceptance to all the terms of the contract be implied since we signed no other contract, and they accepted the payment?

Thank you.


Asked on 3/02/11, 11:31 am

2 Answers from Attorneys

Generally, a written contract can not be enforced against a party that did not execute it. You should, however, be in pretty good shape. In most cases, a verbal agreement is just as good as a written contract. It really just comes down to whether you can prove the terms and conditions of the verbal agreement. Obviously, this is harder if nothing is in writing. In your case, even if judge determines there was no written contract your evidence should show the terms and conditions of a verbal agreement. It is important that you save the email they sent you with the contract and try to get evidence that you sent them the fax. The fact that they drafted and sent you the contract is not going to make them look very in the judge's eyes.

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Answered on 3/02/11, 1:28 pm

I agree with Mr. Kane, and would also add that part performance under an unsigned written contract is evidience of intent to be bound by it that can overcome the lack of a signature.

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Answered on 3/03/11, 4:07 pm


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