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If I change a term on a contract without notice before both parties sign, and get both signatures, is this legal?
In general signed instruments are enforceable. I would however say that youve engaged in a fraudulent inducement. If that term ever bes an issue you are likely in trouble. If you made the change without the other parties knowledge that bad faith. Ive struck through terms on intellectual property or other provisions on contracts and had them agreed to but Ive also always brought it to the attention of the person on the other side of the table. A contract isn or at least is not intended to be a battle. A contract is Offer Acceptance Consideration A mutual consent to be bound That last part is often overlooked since it rarelyes into play. Youve brought it into play since the unedited document is the one they are consenting to be bound by and your edited document is the one you are consenting to be bound by. It not mutual consent in other words. Youve also (effectively) counter-offered taking the original offer off the table. You acceptance is not of the original but of the counter-offer (which you could logically be considered to consent to anyway since it your offer). What going to happen however is that there will be an exchange of consideration at some point (i.e. for an NDA they will likely give you a paycheck at some point some of the consideration of which would be deemed to apply to your consent of the NDA). That tacit acceptance on their part them cutting you the check but it not enough to make the case that they knew what they were signing. horizontal-rule Personally I consider it a dirty trick. I wouldn be terrifically happy with you especially if I depended italic on that term in the contract for some reason.
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