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Sponsored by Lorman Education
Product ID: 404062EAU
 
Credit & Course Provided by:

Collecting Without Having a Signature on a Contract: Is That Possible?

OnDemand Webinar (87 minutes)

Navigate different forms of contract and evaluate alternative types of signatures.Any lawyer will tell you that a multi-page, fully executed contract, chock full of legalese and 15-comma sentences is the best way to limit risk in any business transaction. In the real world, however, there are times when a signed contract is simply not available. There are times when you wish you had one but you don't, and then there are times when it's not practical to expect customers to put pen to paper. This topic shows you how to navigate those real-world issues. In this material, you will learn to understand different forms of contract and evaluate alternative types of 'signatures.' You'll discover how to enforce virtual agreements as well as those agreements with no signature at all. Finally, you'll also learn how to figuratively go back in time and resolve enforceability issues caused by the absence of a written, let alone signed, agreement. As such, this information is critical for the owners of any business, large and small, that sends invoices, performs services or sells product prior to receiving full payment, and needs something to rely on other than prayer.

Authors

Eliot M. Wagonheim, Esq., Wagonheim Law

Agenda

Introduction

• The Value of Contract

• The Nature of Risk

• Brief Real-Life Scenarios

• The Purpose of This Course

• Takeaways

The Nature of a Contract

• Elements

- Reciprocal Obligations

- Material Terms

- Clarity

• Types of Contracts and Signatures

- Implied and Express

- Fully Executed

- Wholly or Partially Documented

- Virtual Signatures

- Oral Contracts

Enforceability and Collection of Unsigned Contracts

• Statute of Frauds

• Partial and Substantial Performance

• Virtual Signatures

• Email and Other Correspondence as Consent

• Enforceability of Specific Terms in an Unsigned Contract

• He Said/She Said

• The Retroactive Fix

Conclusion and Wrap-up