Can you be held liable under a contract that was never signed?

UPDATED: Jun 10, 2011

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Can you be held liable under a contract that was never signed?

I requested the services of a stripper service for a friend’s bachelor party. They charged me a deposit before I even saw a contract. I was never happy with the contract so I never signed, and they never asked for it either. Besides that, they changed the location of the party listed on their contract. The night of the party, there was all kinds of confusion with the organizer and the guys in my party started distrusting the whole situation, so we ended up not attending. Bottom line is, they’re threatening to sue me for the contract amount, which I never signed or agreed to, plus they’re keeping the deposit.

Asked on June 10, 2011 under General Practice, New Jersey


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In the most simplistic of explanations, there are two types of contracts: written contracts and oral contracts.  Both can be binding on the parties.  Certain contracts must be in writing in order to be held valid under the law.  Now, you had started out as a written contract but I think that it may be possible for the company to prove that there was an oral contract at the very least.  That being said you will have to prove a breach of the contract in order to get out of paying for things.  Changing the location may be stretching it but then again it ma be enough.  Seek legal help in your area and bring all the papers and information with you.  Good luck. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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