Legal Question in Business Law in Florida
Computer sale with 2 seperate but signed contracts
Say you have two parties (buyer and seller) who are contracting for the sale of a computer. The buyer and seller are both provided with identical copies of the same contract, but they each sign separate copies. Later, the buyer backs out, claiming there was no contract -- do you think Buyer will win?
3 Answers from Attorneys
Re: Computer sale with 2 seperate but signed contracts
If the contracts were exchanged, I doubt it.
Re: Computer sale with 2 seperate but signed contracts
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RESPONSE:
First of all, oral contracts are generally enforceable even if the written contract is defective. Second, generally, a written contract for the sale of goods merely needs to be signed by the party against who it is being enforced.
So if you have his/her signed copy of the agreement then a court may be able to find that a written contract exists.
Good luck,
Randall L. Gilbert, Esq.
Re: Computer sale with 2 seperate but signed contracts
Based upon your question if the party who seeks to enforce the contract has the copy with the signature of the other, then that party should win. See reply #2 for an expanded view.
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