Is a contract that states it’s non-cancelable enforceable?
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Is a contract that states it’s non-cancelable enforceable?
I signed an advertising contract for shopping cart advertising for a company based in TX. I’m in CA but want to back out of the contract. Can they enforce such a contract?
Asked on November 22, 2011 under Business Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you signed a contract for shopping cart advertising and you now wish to cancel it, you need to carefully read its terms in that the written agreement controls the obligations owed to you by the advertiser and vice versa in the absence of conflicting state law.
Look for any provisions allowing you to cancel the agreement such as a violation of the agreement's terms by the advertiser consituting a material breach of the agreement. All agreements, depending upon the situation can be deemed unenforceable assuming one party or the other to it has breached its terms. I suggest that you consult with a business attorney to review the contract and discuss your options concerning it.
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