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> I hate to break it to you, but that contract is enforceable. Please explain. How can they enforce a contract he never signed?
by ggchappell 13y ago
> I hate to break it to you, but that contract is enforceable.
Please explain. How can they enforce a contract he never signed?
- Guvante 13y agoContracts don't require signatures. Verbal contracts are enforceable outside of certain odd cases (for instance buying a house). They mainly get signatures to exactly qualify what was agreed and to make sure you don't claim you didn't agree. I am not sure if this would fall under rental law, which I would assume requires a signature.
- fnayr 13y agoBut he/she never specified they verbally agreed. In fact it seems that he/she made it pretty clear to the lesser that they didn't know if they agreed.
- scarecrowbob 13y agoPayment in this case constitutes agreement.
- jeltz 13y agoAgreement to hire, yes. But agreement to anything which might be in the contract not necessarily. This is beyond my legal knowledge.
- Guvante 13y agoIf he had not read the agreement it would be difficult to hold him to it, however once he had read it continued payments are him affirming the contents of the contract. Now whether it is worth the effort to fight his logic is another matter entirely.
- ajross 13y agoPerhaps because he carefully read the contract, provided payment knowing the contract terms, specifically conspired to violate said terms, and then posted the whole story to the internet might qualify? There's a concept of "good faith" in the law. This is just vile, sorry. If you don't like the terms you have an obligation not to buy the service.
- jlgaddis 13y agoI wasn't aware of the 90-day policy until after I had already bought the service, FWIW.
- eCa 13y agoWouldn't the right thing to do be this: Go back the next day and say that you don't accept these terms and demand a refund of any payment made? I would assume that the continued use of said storage unit makes acceptance of contract implicit.
- Patrick_Devine 13y agoIf you'd taken the contract home and _not_ read it, you would probably be more in the clear. Since you read it and knew about the 90 day rule and continued to pay, it could be argued that you had an agreement. This is why we sign contracts instead of other forms of agreements; there is less ambiguity. Good luck to you, sir.
- gamblor956 13y agoUh...no. He agreed to pay $X a month to storage goods at the facility. He never agreed to the rest of the terms, which he would have indicated by signing the contract. The business indicated assent by not requiring him to sign the contract to receive his storage unit. Thus, under the basic principles of U.S. contract law...a very basic contract exists, and none of the extra stuff in the written document is part of it.
- jasonm23 13y agoBuying the service doesn't legally enter him into the additional contract. Signing the contract does that, and that's why he was asked (half-assedly) to do that. If anyone is liable for damages due to failing to properly conduct the company's business, it's our Facebook surfing friend at the counter.
- dhughes 13y agoI wouldn't be surprised that Facebook guy behind the counter was stupid enough to forge the signature.
- jeltz 13y agoFor his sake I hope not. If he did he could end up in prison if this was brought to trial (if a first tim eoffender he would probably just get a fine). Forging signatures is really bad, never do it.
- batguano 13y agoUnless you're one of the asshats at Prenda Law: http://arstechnica.com/tech-policy/2013/05/identity-theft-lawsuit-against-prenda-law-abruptly-ends/ http://arstechnica.com/tech-policy/2013/05/identity-theft-la...
- harrytuttle 13y agoDebt collectors in the UK do this as a matter of course. If you ever get one on your case, your solicitor will suggest that you print your name or write an X rather than use your signature or it'll come up on another document agreeing to piles of additional charges later on.