Legal Question in Business Law in Texas

Contract Law

when I signed an contract agreement on October 2007, I reviewed the attached terms of agreement, nlo where did it state that the agreement was governed by the Laws of any nor did it mention anything about Arbitration.

a few months later I recieved the policy and procedure manual in this manual it makes mention about the agreement is govern by a certain State and Arbitration.

when I first started in this business their was no American market just spanish so the the English version of the poilcy and procedure was not given to the English market until months after a contract was signed.

Question:

1. can a person unknowingly wavie a right to a jury trial ?

2. Can an agreement that states the contract is govern by a certain states later be imply after the signingof the contract ?

3. Can a person be bound under the above conditions if they can prove these provisions did not exist at the signing of the contract ?


Asked on 8/28/08, 9:45 pm

1 Answer from Attorneys
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Contract Law

Based on what you have written, it appears that the normal progression of a business contract has taken place. As for your specific questions; (i) a person generally does not "unknowingly" waive their right to a jury trial, (ii) an agreement can always be modified so long as the parties to the agreement agree to the modifications, (iii) there are many rememdies for thoes who feel that they have had a breached contract. You should have a local business law firm review the original contract and the modifications, as this will be best way to ensure what is governing both parties. If my local business law firm can assist you with this legal issue or any other legal matter, please contact my legal assistant Jennifer ([email protected]) to arrange for an initial consultation.

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Answered on 9/02/08, 9:14 am


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