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?


Asked on 3/18/03, 9:48 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Computer sale with 2 seperate but signed contracts

If the contracts were exchanged, I doubt it.

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Answered on 3/18/03, 10:10 am
Randall Gilbert Gilbert & Caddy P.A.

Re: Computer sale with 2 seperate but signed contracts

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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.

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Answered on 3/18/03, 10:26 am
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

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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Answered on 3/18/03, 12:49 pm


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