2006-09-08 13:26:00 · 18 answers · asked by Mia 2 in Politics & Government ➔ Law & Ethics
what if a renter in one of my units signs my name to the contract (again not know or authoirzed by me) gets propane delivered, doesn't pay the bill- and now the propane company is claiming unjust enrichment - and asking me to pay the bill- Am I liable in that case?
2006-09-08 13:32:56 · update #1
How could it be unjust enrichment if I never gave them permission to deliver gas to the house?
2006-09-08 13:43:13 · update #2
I don't reside at the property- It is a rental property- How could I have benefit if I don't live there? If that were true- what would stop all tenants from having stuff delivered, skip out on paying and making the landlord liable? Besides, technically speaking this gas company did not have permission to be on the property legally in the first place
2006-09-08 14:18:54 · update #3
If they were acting as your agent, yes. Otherwise, no.
No, you are not liable. You can bring criminal charges. Call your county attorney.
Also, the company is responsible because they did not take reasonable steps to ensure the person who signed the contract had the authority to do so.
If you have the gas, give it back.
2006-09-08 13:29:03 · answer #1 · answered by Salem 5 · 0⤊ 0⤋
The signature on the contract isn't the issue (nor, for that matter, is agency), rather it's whether you used the propane. If you did use the propane under most circumstances you are liable - that's the heart of the unjust enrichment claim. You're seen as having ratified the use of your name by accepting the benefit of the product...and thus, can be held liable, even if you didn't sign.
2006-09-08 13:53:14 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It depends.
If someone is acting as your agent, you would be liable. An example of this would be if you give someone Power of Attorney. Another similar example is if you own a business and your purchasing agent signs a contract on your company's behalf (where there is a reasonable expectation that the person would have the power to do so).
If a complete stranger or a minor child does, you are not liable for the contract (a minor child can only enter into certain contracts, mainly for necessities for life such as to purchase food).
The gray area I am not certain on is if a spouse signs a contract on your behalf. I think you would be liable there, but don't quote me on that one.
When in doubt, consult a lawyer (to be up front an honest, I am not one).
2006-09-08 13:34:32 · answer #3 · answered by Slider728 6 · 1⤊ 0⤋
Does you little good now, but for future reference, advise your renters that they must have your permission to change propane providers. It’s your property why would you not want to be aware of who the Propane supplier is? As the property owner you have the right to be made aware of a service termination as well. Most propane companies require contact information for the landlord from the renter for just this reason.
2006-09-08 14:36:55 · answer #4 · answered by lpgnh3 4 · 0⤊ 0⤋
A contract is only binding if there is mutual assent (agreement) to the terms. If you never agreed to the terms, you are not bound.
There are a few exceptions. Such as if an agent signed on your behalf, and within the scope of their authority. Or under the UCC when dealing with sale of goods between merchants, the contract is generally binding with sufficient writings, even if not signed, provided that the merchant did not object.
Other exceptions may apply. Laws vary by state. Check your local listings.
2006-09-08 13:34:30 · answer #5 · answered by coragryph 7 · 2⤊ 0⤋
You're not being sued on the contract. You're being sued because you benefited from the gas and therefore you were unjustly enriched. That old trick only works once (having the tenant sign and then denying agency).
2006-09-08 13:36:45 · answer #6 · answered by thylawyer 7 · 1⤊ 0⤋
Hell if it worked like that I would be buying my next car and signing the contract, Mia. Your kidding right? You own property and you are not familiar with contract law?
2006-09-08 13:52:09 · answer #7 · answered by Anonymous · 0⤊ 0⤋
in order to sign a contract you have to presented with the contract for review prior to signing-if someone else has signed the contract (other than your authorised representative) then you cannot be deemed to have read the contract before it was signed-therefore the contract is void-but proving this is not easy.- why do you give me a thumbs down???-you cannot be expected to sign a contract you have not read-i am trying to help you i was a senior shop steward for ten years-i know what i am talking about.
2006-09-08 13:34:43 · answer #8 · answered by Anonymous · 0⤊ 1⤋
If you did not sign it and you didn't give anyone else permission to sign you name, then no, you aren't liable. However, you will have to prove it's not your signature. Good luck!
2006-09-08 13:31:17 · answer #9 · answered by ? 3 · 0⤊ 1⤋
You are NOT liable for anything in a contract which you did not sign.
2006-09-08 13:29:09 · answer #10 · answered by WC 7 · 0⤊ 1⤋