Is a covenant non-compete enforcable if the document was not signed or no signature page can be produced?

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Is a covenant non-compete enforcable if the document was not signed or no signature page can be produced?

Asked on November 1, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Those are two different questions:

1) If  the agreement was not signed, it normally would not be enforced, since if the intended signatory did not sign it, he or she did not evidence agreement to and acceptance of its terms.

2) However, if a person signed the agreement but then the signature page was lost, it can be enforced if there is other evidence, including witness testimony, to establish that he or she had signed the agreement.


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