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Contracts: Escape through the Back Door.

Posted By Cliff Tuttle | July 8, 2014

back doorNo. 1,072

When reviewing contract language drafted by the other party, look for the back door. Can the other party delay or avoid performance for trivial reasons — or no reason at all? Can he cancel the contract for vague or unrelated reasons?  Are there unreasonable covenants that enable him to declare you in breach of contract over factors out of your control?

If you encounter a pre-printed contract full of such devices, run, fast.

So what do you do if you foolishly signed one of these contracts of adhesion?  Yes, they call them contracts of adhesion, because you are stuck. You may be able to successfully argue that the contract cannot be enforced against you, because the other party, under the terms of the contract, can easily avoid performance.

CLT

 

 

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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