Do contracts need to be signed and delivered to be binding?

Get Legal Help Today

 Secured with SHA-256 Encryption

Do contracts need to be signed and delivered to be binding?

Asked on February 4, 2011 under Business Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A  written contract does generally need to be executed, or signed, by the party against whom it is to be enforced'; there are some exceptions, whereby a party can show its acceptance of the agreement by actions rather than signature. For example, say that there was a proposed contract that A would sell B his car if B gave him a bank check or money order for $3,000. If B gives A the check, that would be acceptance of the offer and form the contract, even if nothing was signed (and even if the contract was purely oral or verbal). So the key thing is, there must be evidence that the contract was accepted by a party or parties, and that evidence is normally by signing but does not have to be. There is no inherent delivery requirement, unless either the contract itself specififies one or the nature of the contract and the circumstances make plain that one is required into order to demonstrate acceptance.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption