Contracts?

Question

I wanted to sign my husband, who is currently out of town, up for a tanning membership (aka contract) because of a promotion that is going on at the salon. I filled in all of his information (social security, etc) and signed and dated MY name. Before the counter person processed the information, I told her nevermind and to wait until my husband gets back to see if it is what he really wants and that we will come back. She took a hold of the original copy of the contract and also mine. She did not charge me, but the credit card information was written on the paper so she could process it, but I stopped her before she did. I actually want to cancel the whole thing altogether, and was wondering if she could use it against me that I've already signed for it. Does it still make it legal if its under his information but my signature is on it and not his? Going in tomorrow and hoping I didn't screw myself over...

Answer 1

You cannot sign for him unless he gives you a power of attorney -- and if you put his information down but signed your name, the contract is invalid on its face.

You can also cancel the contract during the time you are executing it -- right then as you are signing it -- and in many states, for up to a few days afterwards, though that varies.

The bottom line, if you told them at the time to forget the whole thing, and to not process the application or charge you, then you have withdrawn from the contract before it took effect and they cannot legally charge you.

Answer 2

Coragryph is technically correct, however he implies that you could not have legally signed for your husband, and that is not quite true.

In most cases, the law allows husbands and wives to sign for each other, with specific consent, since such consent is a de facto grant of power of attorney.

The tanning salon (and the credit card company) may not honor a contract that has been made out in one person's name but signed by another.

But a power of attorney exists, to the extent that if your husband specifically consented, there would be no legal problem even if you signed his name (or yours) to the paper.

A signature is (legally) any mark or device that a person intends to be their signature. Traditionally, a signature is made by writing one's own name in cursive, but any mark or design is just as valid if the person intends to use it as their signature. Since you can sign your husband's name with his consent, the signature would be legally valid, provided your husband were to later confirm that he intended for you to sign for him.

(If your husband were to later deny that he intended for you to sign for him, then the contract would be void, and you would be in trouble.)

Nevertheless, legal nuances aside, the salon is not under any obligation to accept such a contract, and since the names do not match, they probably will not.

However, you did not do anything truly illegal, if that is what you are asking.

And in any case, since you told them to "forget it," you legally cancelled the contract before it was executed.

Answer 3

Raise the defense of unjust enrichment and failure of consideration. You never accepted the service. You are off the hook!!! Congratulations.