Will A Mistake In A Party’s Name Prevent Enforcement Of Florida Contracts?

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If the party seeking enforcement of the contract has partially or fulfilled its duties under the contract without objection from the other party, the performing party may be able to use its performance to hold the other party to the terms of the contract.

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Contracts: what’s in a name? When entering into a contract it is important to ensure the name of the party you are contracting with is correct. However, if a mistake is made all may not be lost.

Parties breach a contract when the person fails to perform the duties assigned by the agreement, but death makes the performance of the duties impossible. While death voids many contracts, there are circumstances where a contract remains in force, even when one party to the agreement dies.

(a) If parties have agreed to conduct a transaction by electronic means and a provision of law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt.

The courts may not create a contract for the parties. When the parties have no express or implied agreement on the essential terms of a contract, there is no contract. Courts are only empowered to enforce contracts, not to write them, for the parties. A contract, in order to be enforceable, must be a valid.

A court will look at a number of factors in determining if a contract is unconscionable. If there is a gross inequality of bargaining power, so the weaker party to the contract has no meaningful choice as to the terms, and the resulting contract is unreasonably favorable to the stronger party, there may be a valid claim of unconscionability.