Is this ‘contract’ binding?
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Is this ‘contract’ binding?
Back in October of 2015, I visited my dentist office and had to get a temporary crown put in. They asked me if I was going to return to get the permanent installed and I gave them a date but due to the cost I didn’t return, I just figured I’d do it another time. Now fast forward to today, they’re saying that even though I didn’t return to get the permanent put in I still have to pay for it. She said I signed a contract agreement to just that. What she sent me was not a contract at all. There is nothing in the paper that she sent me that says that I will be charged even if I don’t return. Please help I’m in the middle of buying a house and they’re saying that they’re going to put it on my credit.
Asked on May 17, 2017 under Business Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
A contract is binding when--
1) It states all the terms of the agreement--terms not in it are not enforceable;
2) There was mutual agreement to the terms--both parties were on the same page as to what the contract mean (there must be a "meeting of the minds" for there to be an enforceable contract);
3) The parties both clearly indicated their consent or agreement to the contract, such as signing it;
4) There was an exchange of "consideration": both parties gave the other a thing or promise of value.
If there are no definitive or clear terms, no mutual agreement/meeting of the minds, no agreement to the terms, and no consideration, there is no contract. And even if there was a contract, only the terms actually in the contract are enforceable.
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