Who must sign contracts?
• Some jurisdictions hold that both parties must sign written agreement required.
• Vast majority require that the party that has been charged must have signed.
• There is some asymmetry in majority rule in that charged party might not have had a comparable cause of action had they been aggrieved.
• What does it mean to sign? ? Something that evinces the fact that party intended something of legal significance, then they authenticated the document.
See In re Arbitration between Acadia Company & Irving Edlitz (1960, New York Court of Appeals), where Edlitz, employee, had contract with Acadia providing for mandatory arbitration in the event of a dispute. Original contract was in writing, then extended orally. Edlitz is suing employer in State Court; employer wants case to be decided in arbitration. In New York, agreement to arbitrate needs to be in writing. Court finds oral extension of original written contract to be sufficient; extension is not new contract, it integrates original contract which was in writing.
Conclusion
Notes
See Also
References and Further Reading
About the Author/s and Reviewer/s
Author: international
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