If I sign a contract and the person that issued it to me does not ever give me a copy, is the contract then null and void?
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If I sign a contract and the person that issued it to me does not ever give me a copy, is the contract then null and void?
Asked on February 13, 2012 under Business Law, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, the failure to get a copy of the contract does not render it null and void. A contract is formed when there is an offer (such as an offer to do something in exchange for payment, like provide a service or goods), acceptance of the offer, and an exchange of consideration, or promises or things of value (for example, a promise to pay in return for having the service rendered). If those elements exist, there is an enforceable contract, even if there is no written contract--with a few exeptions (such as real estate contracts), a purely oral contract is enforceable. Therefore, the fact that one of the parties to a contract did not get a copy of the written agreement does not affect its validity.
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