Someone once told me that if something is signed by both parties it is legal even if written on a napkin...?

Question

Like I said, someone told me that if two parties agree on something and write it down and sign it it is legally binding even if it is written on something like a cocktail napkin, is this true? Would something like that hold up in court? Is there somewhere I can check on this?

Answer 1

True...

Answer 2

Of course.

There is no legal difference between a cocktail napkin and a piece of paper. It will hold up in court just a piece of paper signed by both parties. Of course, what is written on the napkin will have to make up an enforceable contract, but the law doesn't care what it was written on.

Answer 3

Even verbal agreements can hold up in court as long as there is proof, such as a witness, of the agreement.

It's best to have a lawyer write a contract, or to find a template that includes everything including remedies in case of a breach. However, any written document that spells out the terms of a relationship is a contract and will hold up in court so long as any dispute is resolved under the terms.

For example. A contract may be written:

"John Smith agrees to buy Bob Jones' car for the sum of $3000. John will pay $100 each month for 30 months."

If John fails to pay, the contract isn't clear as to what Bob can do. Can he re-possess the car? Can he hire a collection agency?

The contract can add: "If John is more than 5 days late on any payment, Bob can repossess the car at Bob's discretion and convenience."

This is clearer. But does it mean Bob can repossess any time after a late payment, even five payments later after the remainder have been on time. Or, does each late payment create a decision for Bob on repossession that only applies until the next payment is due?

OK?

Answer 4

Nearly true...

in addition to both parties having a bonding agreement could be assumed to be legal, but the addition of a witness signature will surely stand a chance in court.

what its true its that a check may be honored by a bank even if it's written in a table napking, provided all the details form part of the "document".

I remember once i saw an article on a newspaper of a builder issuing a cheque written on a full size door panel, because the carpenter wanted to be paid "on the spot" for job done to the dissatisfied builder.
The carpenter took the door to the bank, the bank called the builder and the bank paid, the builder call the newspaper, and the carpenter had to move town because no one gave him any work.
sn

Answer 5

Answer about the notary is, well just plain wrong.

Banking regulations now control what banks must (but not what they may) control. The carpenter/door story is an urban legend, but it certainly illustrates a point.

The purpose of a written contract is to memorialize the rights and obligations of the parties. There is (generally speaking) no paper size requirement. For an agreement (not a negotable instrument, such as a check), the agreement must recite an offer, an acceptance, and the consideration (value) provided to both sides.

This, of course, can be as short or as long as you want it, and can be on any size or nature of paper.

Good luck

Answer 6

Since the times have changed I believe that anything written between two parties must be notorized. A person can lie about signing their name on a piece of napkin but once it's notorized they can't lie about it so it makes it legal and binding.

Answer 7

Yes, this is true, BUT it would be totally advisable that you have a witness sign it as well. I'd recommend a notary, but they aren't something you can just pull out of thin air, so I'm sure any witness would do so long as they are willing to testify in court should any thing go awry.

Answer 8

As long as both parties were over the age of majority (i.e., not minors) and had the legal capacity to enter the agreement (e.g., of sound mind, not coerced or under duress, etc.) then it would most likely hold up in court.

Answer 9

as long as both parties are of a sound mind,they've both signed,and you have witnesses to attest to this then yes.however napkin might not hold up well in court.

Answer 10

it is true.. you can buy an introduction to law book to find you if you want to, but like the people before said.. it could hold up in court.

Answer 11

a witness to the signatures would have to sign too, but yeah... doesn't matter what it's written on