Legal experts: Is this contract valid?

[Sosaria]

Would like to pose a question to the legal experts out there. I know we definitely have more than a few legal eagles in this forum.

 

Question is: Someone gives me a contract for work to be performed, those kind that go "...whereas it is hereby agreed that...". I and the other party initial/sign each page to indicate that we have sighted the page. But then at the end of it, the other party puts down his signature on the space reserved for it at the end of the contract. I don't sign the space reserved for me. Instead, I only do the initial/sign thing at the bottom corner of this page.

 

Is this contract valid, though I didn't put my signature at the big blank reserved for it with my name, I/C number printed below, etc.?

 

Or in other words, if I breach the contract, can the other party claim damages according to the terms stated in the contract?

Edited October 13, 2010 by Sosaria

[Jman888]

Would like to pose a question to the legal experts out there. I know we definitely have more than a few legal eagles in this forum.

 

Question is: Someone gives me a contract for work to be performed, those kind that go "...whereas it is hereby agreed that...". I and the other party initial/sign each page to indicate that we have sighted the page. But then at the end of it, the other party puts down his signature on the space reserved for it at the end of the contract. I don't sign the space reserved for me. Instead, I only do the initial/sign thing at the bottom corner of this page.

 

Is this contract valid, though I didn't put my signature at the big blank reserved for it with my name, I/C number printed below, etc.?

 

Or in other words, if I breach the contract, can the other party claim damages according to the terms stated in the contract?

 

did the last page require witness' signature for both party? or does the agreement need to be stamped?

Edited October 13, 2010 by Jman888

[Sosaria]

did the last page require witness' signature for both party? or does the agreement need to be stamped?

 

No witness. To be more specific, this is a reno contract. There are penalties stated in the contract, e.g. for cancellation. I'm wondering how much legal standing does this kind of contract have.

[Freestylers09]

No witness. To be more specific, this is a reno contract. There are penalties stated in the contract, e.g. for cancellation. I'm wondering how much legal standing does this kind of contract have.

 

 

i not v sure..but most of the time..even do n no pay up..those contractors also suck thumb one..of coz so far i seen those kana..some clients v jiak lak use this tactic one

 

hardly most will take legal action,likewise for clients

 

especially havent even do the job yet...

 

fight such cases v hard n difficult one leh...not all renovation companies can do such things one..

 

 

[The_Bear]

No witness. To be more specific, this is a reno contract. There are penalties stated in the contract, e.g. for cancellation. I'm wondering how much legal standing does this kind of contract have.

 

Valid? Yes

Enforceable? Maybe

Worth it? Probably not

 

Try to work things out. There can always be a compromise.

[Zanter]

Short answer is Yes. There is a creature known as the verbal contract. No signature required.

[Jman888]

Valid? Yes

Enforceable? Maybe

Worth it? Probably not

 

Try to work things out. There can always be a compromise.

 

you are not white bear, white bear don't compromise, white bear kill

 

change back to hello kitty

[Jman888]

Valid? Yes

Enforceable? Maybe

Worth it? Probably not

 

Try to work things out. There can always be a compromise.

 

 

agree that the agreement is valid since initiate on every page and the last mean you agreed to the terms & conditions. Not signing the main area could mean you overlook where to sign which usually will be reminded.... however since they are contractor, cannot blame them...

[The_Bear]

you are not white bear, white bear don't compromise, white bear kill

 

change back to hello kitty

 

I would compromise with the seals. e.g. "You want me to kill you then eat or eat your alive?"

[Sosaria]

Short answer is Yes. There is a creature known as the verbal contract. No signature required.

 

Oh yes, definitely there is a verbal agreement regarding the work to be carried out. But the fine print on the contract is not verbalised, e.g. the percentage you have to cough up for cancellation of works, etc. These T&Cs are only on the printed document, and this document's validity is now questionable.

 

I gather from the various posts here that the other party's position is quite "maybe", and some compromise will have to be reached, in the event of breach of contract.

 

I also gather that having witnesses, seals (NOT the animal!), etc. on the contract is not necessary for it to be valid. Why, then, do certain contracts have these things?

Edited October 13, 2010 by Sosaria

[Kar_lover]

 

I don't tink its valid. The little initial u put at the corner of the other pages is not only dat u sighted but i believe main is so that either party cannot slip in anything into the contract after the signing (as it would not have ur initial). The actual acceptance of the contract is the "big signature".

 

Unlikely the contractor will pursue as not worth it and his position is pretty weak unless he has already done some work for u (eg. ordering of materials as per ur instruction) which implies that you have already agreed to the work and the signing is more of a formality.

 

 

[Zanter]

Certain agreements for examples deeds or guarantees etc require a seal & witness due to the lack of legal consideration. Your reno contract initialled by you is evidence that you intended to contract with the other party even if you didnt sign in the correct place.

[Galantspeedz]

Certain agreements for examples deeds or guarantees etc require a seal & witness due to the lack of legal consideration. Your reno contract initialled by you is evidence that you intended to contract with the other party even if you didnt sign in the correct place.

 

like you say.. intention.....

 

intention i believe is not legal binding.....

[Darryn]

Certain agreements for examples deeds or guarantees etc require a seal & witness due to the lack of legal consideration. Your reno contract initialled by you is evidence that you intended to contract with the other party even if you didnt sign in the correct place.

 

+1...if you intended to enter the contract it is valid, whether you signed correctly, in red ink instead of blue or whatever is of no consequence.

 

IT is valid because you intended to enter into a contract, that you signed incorrectly is of no consequence.

[Zanter]

+1...if you intended to enter the contract it is valid, whether you signed correctly, in red ink instead of blue or whatever is of no consequence.

 

IT is valid because you intended to enter into a contract, that you signed incorrectly is of no consequence.

 

Precisely. If you put X where ur signature is suppose to be, its still a valid agreement.

[Darryn]

like you say.. intention.....

 

intention i believe is not legal binding.....

 

So next you will be telling us that if there is a mis-spelling the contract is invalid? At the end of the day, the intention of the party is clear, he initaled the pages, he wanted to enter the contract, was of the correct frame of mind, was not coerced, that "signature" is not his actual signature does not affect the validity of the agreement.

[PointyEwe]

Contract is binding lah.

 

Emails, handwritten, verbal all are legally binding and can be presented as contracts in court.

Of course must show proofs wan lah, and the legal proceedings would have exceeded the damages to be claimed.

[Hub_n_mona]

like you say.. intention.....

 

intention i believe is not legal binding.....

 

bro, he initialled on the page (just that not on "correct spot")..some more every single page is signed

 

there is offer, consideration and acceptance..

the last tenet of intention to create legal relations is the one that ts is wriggling out of..

imho, I think it's legal binding..obviously, best to ask a contract lawyer

Edited October 13, 2010 by Hub_n_mona