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Showing posts from June, 2018

Unsigned Contracts

A particular situation often faced by parties to a dispute is one where the underlying contract which dictates the terms on which the parties are arguing is either partly signed, or worse, not signed at all. It is important to consider the enforceability of such agreements. When considering case law, the question as to whether an unsigned contract is enforceable, may be answered as follows-  Aside from various types of legal documents where the signature of the parties is required by law, it is not required that an ordinary agreement that is documented in writing must always be signed by the contracting parties in order for it to create binding obligations between them. However, proving that the contracting parties have reached consensus in a written agreement that has not been signed places a high burden of proof on the claimant.