Legal Question in Consumer Law in Nevada
When Dish network installed our service it was put into my mothers name but I signed the contract and do not have power of attorney. Is the contract binding? And if it is who is responsible?
1 Answer from Attorneys
I might need some additional information to fully answer your question. Why did you sign for Mom if you did not have power of attorney? Why did the company accept your signature in her behalf (or did it not even know)? If you held yourself out as a responsible person who was acting in your mother's behalf, the company has the legal right to rely on something called "apparent authority" and assume you were your mother's agent in signing the contract. Thus, you mother would be obligated to perform according to the contract (that is, pay the bill).
Even if they cannot properly assert apparent authority to enforce the contract, there is a principle called "quantum meruit" which says they are entitled to the value of the services they provided. In other words, if you used your satellite dish and watched the channels it provided, you should have to pay for that, no matter WHO signed the contract.
Are you just trying to get out of paying a bill by finding some legal loophole? No honorable attorney is going to advise you to do that, as it is fraudulent and completely dishonest. Buck up, be a grownup, and pay for what you got!
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