sbrown93 said:
What is the name of your state? Missouri
When I was hired at by my former employer, I insisted on an employment contract. They said fine, draft something up and we will look at it. I had my attorney draft up a contract and gave it to them to review. We negotiated several issues, came to agreement, they typed the contract and put it on their letterhead, and we both signed it.
We are in a dispute now and they are claiming the contract is "defective" because I came up with the first draft. Is this a valid claim?
My response:
Ask them for the "legal authority" (case law, statutes, or any other legal fiat) for their theory, belief or reasoning.
They won't have any because it's an idiotic concept. The agreement begins and ends with the written contract each of the parties signed.
Also, if there are any "ambiguities", and since they typed it on their letterhead, and now they are deemed to be the "writer" of the contract, and all ambiguities are in favor of you, and against them.
It was mighty stupid (at a loss for another word) for them to type up the contract because they shifted liability to themselves! Just like in baseball, when there's an ambiguity, "the tie goes to the runner" - - and the "runner" is you!
Here's MY "authority" - -
Hospital's contract required patients to arbitrate "any claim from rendition or failure to render services." Patient sued Hospital for negligent employment of an orderly who sexually assaulted her. Whether her claim fell within the scope of the arbitration clause was unclear. The ambiguity was resolved against Hospital because it drafted the contract. [Victoria v. Sup.Ct. (Kaiser Found. Hosps.) (1985) 40 Cal.3d 734, 746, 222 Cal.Rptr. 1, 7]
Terms in a prior draft may not be used to add to a later integrated contract. [EPA Real Estate Partnership v. Kang (1992) 12 Cal.App.4th 171, 176-177, 15 Cal.Rptr.2d 209, 212--had EPA wished to include such promise in final contract, it should have expressly done so]
So, ask them for their "authority" and see what the idiots come up with. Then, post it here.
IAAL
