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

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.

Runtime: 87 minutes
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on September 25, 2018.

Call 1-866-352-9540 for further credit information.

  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Eliot M. Wagonheim, Esq.

Eliot M. Wagonheim, Esq.

Wagonheim Law

Eliot serves as general counsel to small to mid-sized businesses in a wide array of industries in both litigation and corporate matters. His clients range from five person shops to some of the most successful and recognized companies in the region.

Over the course of his career, Eliot and his team have served as buyer’s counsel as well as seller’s counsel in transactions ranging from $50,000 to $50,000,000. From a litigation perspective, Eliot has both won and successfully defended cases ranging from multi-million dollar, bet-your-company cases to smaller, District Court actions.

In addition to working with clients, Eliot is a frequent public speaker and has served as an adjunct professor teaching Business Law for the Johns Hopkins Carey School of Business MBA Program.

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 404062
Published 2018
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