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LILLYSMOM

oral contract

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We have a client that has been with us for over 15 years and we once had a contract in file but we have moved and cannot find it and I wonder if we are both stil bound even without a paper since she has been an active client for so long

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A contract is a contract. Since you claim it doesn't exist anymore, I am not sure why you don't ask the client for a copy. 

 

Assuming you don't want to do business with them anymore, that is your decision. But they can then decide if they want to enforce the contract against you.

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24 minutes ago, LILLYSMOM said:

We have a client that has been with us for over 15 years and we once had a contract in file but we have moved and cannot find it and I wonder if we are both stil bound even without a paper since she has been an active client for so long

 

The key word is "active." If you are both still performing under the terms of the original contract then a case could be made that you are both still bound by the original contract or by an oral contract based on performance.

 

That you lost your copy doesn't change that, just makes you look foolish if you ever have to enforce something.

 

Is there a reason you ask? Is there trouble brewing?

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In the future, punctuation would be nice.

 

 

15 hours ago, LILLYSMOM said:

we once had a contract in file but we have moved and cannot find it and I wonder if we are both stil bound even without a paper since she has been an active client for so long

 

Bound to what?  As an initial matter, just because you cannot find the written contract doesn't mean your client doesn't have a copy.  Beyond that, what exactly do you want your client to be "bound" to?  In other words, what specific terms are you asking about?  Has your client done something you don't like?  If so, what is it?  In legal analysis, context is everything, and you provided almost no context.

 

Bottom line is that, if you end up in court and allege that a written contract exists, it will be your burden to prove that fact and to prove the terms.  If you can't produce the written contract, you'll have a difficult, if not impossible, time proving it.

 

If this is merely a hypothetical concern, why not ask the client to sign whatever contract form you're currently using?  Buy the client dinner and explain that you've simply decided to update your contracts for longstanding clients.

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