Is this ‘contract’ binding?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is this ‘contract’ binding?

Back in October of 2015, I visited my dentist office and had to get a temporary crown put in. They asked me if I was going to return to get the permanent installed and I gave them a date but due to the cost I didn’t return, I just figured I’d do it another time. Now fast forward to today, they’re saying that even though I didn’t return to get the permanent put in I still have to pay for it. She said I signed a contract agreement to just that. What she sent me was not a contract at all. There is nothing in the paper that she sent me that says that I will be charged even if I don’t return. Please help I’m in the middle of buying a house and they’re saying that they’re going to put it on my credit.

Asked on May 17, 2017 under Business Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A contract is binding when--
1) It states all the terms of the agreement--terms not in it are not enforceable;
2) There was mutual agreement to the terms--both parties were on the same page as to what the contract mean (there must be a "meeting of the minds" for there to be an enforceable contract);
3) The parties both clearly indicated their consent or agreement to the contract, such as signing it; 
4) There was an exchange of "consideration": both parties gave the other a thing or promise of value.
If there are no definitive or clear terms, no mutual agreement/meeting of the minds, no agreement to the terms, and no consideration, there is no contract. And even if there was a contract, only the terms actually in the contract are enforceable.


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