Practice point: Where the parties contemplate that a signed writing is required, there is no contract until one is delivered. However, an unsigned contract may be
enforceable if there is objective evidence establishing that the
parties intended to be bound. In determining whether the parties entered into a contractual
agreement and what were its terms, the court must look to the
objective manifestations of the intent of the parties as gathered by
their expressed words and deeds.
Student note: Where a question of intention is determinable by written agreements, the question is one of law. However, where the intent must be determined by
disputed evidence or inferences outside the written words of the
instrument, there is a fact-question.
Case: Gallagher v. Long Is. Plastic Surgical Group, P.C., NY Slip Op 00204 (2d Dept. 2014).
Here is the decision.
Tomorrow's issue: Comparative negligence and the Labor Law.
