Will my PetSmart contract hold up in court if there is information missing?

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Will my PetSmart contract hold up in court if there is information missing?

I am employed through a pet store chain and in order to receive

Asked on August 16, 2019 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

1) The corporation not signing is not relevant, assuming they presented the contract to you to sign (i.e. it's not a contract you and they worked out from scratch). When the other side presents you a contract and you are not negotiating or changing it, only signing it, their agreement or consent to the contract is taken from the fact that the offered it to you (they would not have offered it if they did not agree to its terms). Therefore, even without their signature, they agreed to the terms.
2) As to the failure to write in the amount owed: that depends on whether it was an oversight to write in an amount already known to both parties, or whether there was no agreement as to the amount. A court can amend or revise a contract to include terms which the two parties can be shown to have mutually agreed to but which were inadvertantly omitted. So if there was some correspondence (emails, texts, etc.) between you and the employer, or some other document they can prove you received before signing, which shows that you and they both knew the amount you'd have to repay, then the failure to write it in a known and agreed-to amount is just a typo and the court (if they were to sue you to enforce the agreement) can add in that amount. 
But the court can only add in a term which the parties had in fact agreed to. If there had been discussion of the amount before you signed, then there was no agreement as to it; without an agreement as to such a key or material term, the contract cannot be enforced. So if you and the employer never agreed prior to signing to what you would pay, the contract should be unenforceable.


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