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

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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

Answers:

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

Answered 10 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. 


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