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

UPDATED: Oct 2, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years 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.

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.

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