Legal Question in Consumer Law in New York

Does a missing field in a contract invalidate the contract

Via the web, a contract with an empty field in a form was submitted. Does this invalidate the contract.

For example:

Type of payment:

thank you


Asked on 8/26/08, 2:53 pm

1 Answer from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Does a missing field in a contract invalidate the contract

A missing field will not invalidate a contract unless it renders the document not a contract. Hence if the contract does not state the scope of the work (a/k/a a meeting of the minds), the consideration, the offer, & an acceptance. There are other parts of a contract that can be severed from the document and still enforce a contract but the elmements listed above are sacrosanct.

Hence the form of payment may or may not be severable, it will depend on what the contract says and if it can be enforced without that part of the contract filled out or agreed to.

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Answered on 8/26/08, 10:36 pm


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