Business Contracts

Do you have to date a written contract? No.  You should date the contract as a matter of fact, but if you don't, you still have a valid and enforceable contract. Can you predate or postdate a contract? Yes.  If you do so, by stating something like "agreement between x and y, dated as of … Read More

If you are in a line of business where you repeatedly have to enter into agreements with your customers and the basic terms of those agreements rarely change, you may want to consider the adoption of "General Terms and Conditions." Rather than having every contract spell out all terms and conditions, your individual contracts with … Read More

Who knows what fair is, anyway.  But, under certain circumstances, your terms of use cannot be completely unconscionable. When drafting terms of use for your Website, you are probably inclined to make them as favorable to you as possible, thinking it is a "take it or leave it" proposition.  If visitors don’t like your terms … Read More

I guess it isn’t illegal, unless you think doing something stupid should be illegal. But I can see how this can happen.  You are presented with the perfect business opportunity and are pressured to enter into a contract.  You know that you should probably wait until your LLC has been formed, but you cannot wait … Read More

Have you ever thought that the contracts you hand out to your customers are another part of your marketing strategy?  If not, think again.  Everything you present to your potential customers (i.e. market) is marketing.  Here are six things that can damage your otherwise perfect marketing script: 1.  Agreements that are too long.  Almost every … Read More

This comes as a surprise to some people: In New York, unless there is a special law that states otherwise, you can become bound by a contract, even though you have not actually signed it.  As long as you have somehow shown that you agree to the terms of the contract, you can be on … Read More