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If I do not sign and return a contract to a publisher, is the contract valid?

Asked over 2 years ago - New York, NY

If the contract IS SIGNED by the publisher, but I do not return a copy signed by myself, is it valid? It's signed by the publisher, but not dated and signed by me. I have both copies. It's been about two years. In that time, the contract was cancelled. I have both contracts, they have none. Are there any legal rights by me? By them?

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Pamela Koslyn

Reputation Level 20

Answered over 2 years ago. Business Attorney in Los Angeles, CA.

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In California, a contract can be enforced if it's oral, written, or if the parties show by their conduct that there's a contract. Unless there was something actionable about why or the way it got cancelled and it provided for some remedy due to cancellation, neither party has any obligations or rights as to the other, it's just a contract that did not get formed or performed.

You may want to check out my legal guide on contract enforcement, linked below.

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.

Contract Enforcement: What to Do and How to Do It

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