I am unable to locate a written contract from a business agreement is the business required by law to send me a copy?

I misplaced a business contract and believe they breached the contract so I would like to review it again and then possibly take it to court. Is the business owner required to give me an additional copy of the contract?
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Answers (3)

Pamela Koslyn

Pamela Koslyn

Contributor Level 10
You're in a tough spot, because the other party doesn't have to voluntarily give you a copy of the contract, and it's risky for you to have to ask for one.

Sometimes contracts have a provision that says something like "the parties shall supply all documents and do all acts necessary to effectuate the terms of this agreement," which usually applies to agreements that involve other documents that the parties are supposed to be providing or exchanging. But there again, even if you couch your request as one for copies of the contract plus other things, to hide the fact that it's the contract you want, you're still admitting you don't have your contract, and the other party could try to take advantage of that.

Without the contract, you wouldn't know what to allege for the breach and you wouldn't be able to attach or cite the contract in your complaint.

It's best to keep looking for it and review it without having to ask the possibly breaching party for another copy.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
Because the terms of the contract are so key, keep looking to see if you can find your copy. Without it knowing how to proceed is virtually impossible. I agree with Ms. Koslyn and observe that the other side probably does not have the legal obligation to provide you another copy of the original.
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Michael Duane Cross Jr.

Michael Duane Cross Jr.

Contributor Level 4
No; however, you can obtain a copy if a lawsuit is filed and you (i) request the document during the discovery period or (ii) send a subpoena requesting the document for production at a deposition or at a hearing or trial.
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