Is a government form a contract ?

Let's say two different parties sign a government form where one is do certain things and the other is do certain things. And both of these parties (not government) sign the form. Is that a contract

San Francisco, CA -

Attorney Answers (3)

Douglas R Holbrook

Douglas R Holbrook

Government Attorney - Newport, OR
Answered

Maybe. If the document the parties signed otherwise meets the requirements of a written contract, yes, it could be a contract regardless of what form it is written upon. Probably a quick review by a lawyer would be able to tell you with certainty.
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Stuart Gregory Steingraber

Stuart Gregory Steingraber

Bankruptcy Attorney - Corona, CA
Answered

Whether or not a contract is formed between two persons does not depend on the "form" used. A contract is a writing memorializing an agreement between two persons. A person offers something to another person who can accept it or make a counter offer which can be accepted by the other party. This goes on until both parties agree. This is called a "meeting of the minds". Other terms in the contract can pertain to payment details, a description of what is to be done, when, etc.

Edward Xavier Junia

Edward Xavier Junia

Government Attorney - Saint George, UT
Answered

I agree that this may be an enforceable contract and it really depends on the form itself and what it says. From a legal perspective there are a number of attributes that a form must include for it to form a contract. Was there a meeting of the minds where each party understood the terms and conditions and had an opportunity to discuss the conditions? Was there an offer and acceptance contained in the form. Was there consideration given by each party to the contract - did one party agree to do something while the other party agreed to give something in return (cash or services)? Was there a time frame established to perform the duties for each party? Was there an opt out provision? Did one party perform based on the representations made by the other party? Was there an approval required by a government agency before the agreement would be binding? There are a number of factors that need to be evaluated to determine if there really was a contract. Thus, the "it depends" answer best fits this question. If there is a substantial value associated with your question, I would suggest that you contact a local attorney to assist you in this matter.

This information is for discussion purposes only and does not constitute legal advice nor does it establish an... more

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