UNSIGNED Or Partially Signed "Contracts" Someone who does not sign the contract "is not a party to the

contract," Turner Gas Co. v. Workmen's Camp. Appeals Bd. 47 Cal. App. 3d 286, 291-292 (1975). This questions the worth of unsigned or partially signed documents on the issue of who can enforce a contract. On the other hand, an unsigned contract or a contract signed by someone other than the party attempting to enforce a contract can be golden in that it can prove who cannot enforce that contract. Of course, contracting parties can enforce contracts between themselves, as can certain third-party beneficiaries. But, then the questions arise -who is a party to a contract, and what type of thirdparty beneficiary enjoys the right to enforce? How these questions are answered in practice is very important. "If the first rule of medicine is 'Do no harm,' the first rule of contracting should be 'Read the documents.''' Villacreses v. Molinari, 132 Cal.ApPAth 1223, 1225 (2005). In Villacreses, the contracting parties agreed "'to have neutral arbitration of all disputes to which it applies....'''But turns out-there was no "it." "[T]he mysterious 'it'...is intended to refer to an arbitration provision that the parties [did not put into the contract]." So, while it was lovely that the parties agreed to arbitrate everything to which their arbitration agreement applied, their arbitration agreement applied to nothing, because there was no arbitration agreement. UNSIGNED defined: adj Not signed.
Unabridged Harper Collins Publishers Collins English Dictionary Complete and

The law of agency allows an agent, acting within authority, to bind a principal to a contract without binding himself. Civil Code Section 2337. In a 1859 case involving the First African Methodist Episcopal Church, the state Supreme Court observed, "If A says, 'On behalf of B, and for value received by him, I, A, as agent for B, promise to pay C one hundred dollars,' it would seem that this is the note of B." Haskell v. Cornish 13 Cal. 35 (1859). "Where the signature as agent and not as a principal appears on the face of the contract, the principal is liable and not the agent." Lippert v. Bailey 241 Cal. App.2d 376 (1996). For example, in Carlesimo v. Scheibel, the court observed that had the purported agent "appended the preposition 'by' immediately before his signature, there would be no doubt at all that the contract would have disclosed, on its face, not only that appellant was dealing with the [principal], but that [the alleged agent] was signing as an agent and not as a principal. Where that appears on the face of the contract the [principal] is liable and the agent is not." (87 Cal.App.2d 482, 487 (1948). BY defined: Before a certain time; beside; close to; in close proximity; in consequence of; not later than a certain time; on or before a certain time; in conformity with; with the witness or sanction of; into the vicinity of and beyond. Through the means, act, agency or instrumentality of. Blacks Law Dictionary Sixth Edition (page 201) "The orthodox rule requires privity of contract between the parties in

a [contract] action." Klein v. Duchess Sandwich Co. 14 Ca1.2d 272, 277 (1939); see also Superior Gunite v. Ralph Mitzel Inc. 117 Cal.ApP-4th 301, 317(2004). Privity of contract is rarely defined in cases. Perhaps that is because some leave law school believing "privity" to be a never-ending circle: Privity is the relationship between contracting parties, and the relationship between contracting parties is privity. The word "privity" is best understood if one knows that it and the word "private" share the Latin root "privus" The American Heritage College Dictionary, 3rd ed.); and, that a common definition of "privity" is: "Knowledge shared with another...regarding a private matter: usually implying consent or concurrence." (Funk & Wagnalls Standard Dictionary Comprehensive, Inte1'11ational Edition.) Black's Law Dictionary defines privity of contract, as "that connection or relationship which exists between two or more contracting parties." This legal definition, when understood with the foundational understanding of the root privus, and with the lay meaning of privity, is properly recognized as the consensual, private, considerationsupported relationship between parties to an agreement. An incidental beneficiary has no right to enforce a contract as a third party beneficiary. Martinez v. Socoma Cos. 11 Cal.3d 394, 408 (1974).

Signed, sealed and delivered: the deed is done. When executing deeds, always remember that what matters most is not signing or dating, but delivery. If you are executing a deed, which you do not intend to become fully effective immediately, ensure that you clearly state to the other parties (preferably in writing) any conditions attaching to delivery. In most cases, it will be sufficient for the deed to contain a provision stating that the parties do not intend delivery to take place until they insert the date of the document. At the very least, it can be agreed that a deed executed by one party is sent to the other party on condition that it is held to the order of the first party until both parties agree that it comes into force. In practice, very similar issues will arise in relation to ordinary contracts; always be clear about when they are intended to come into effect, regardless of signing and dating. A specific issue can arise in relation to mortgages and charges executed by companies. Particulars of these must be delivered to the Registrar of Companies within 21 days of being created. If they are not, the security is rendered unenforceable against a liquidator, administrator or creditor of the company. In addition, the company and defaulting directors face fines. It is sometimes overlooked that the 21 day period starts to run as soon as the mortgage or charge is executed (if it is not made clear that delivery is not to occur until later), even if this is done in advance of the document being dated. DEED defined: conveyancing, contracts. A writing or instrument, under seal, containing some contract or agreement, and which has been delivered by the parties. Co. Litt. 171; 2 Bl. Com. 295; Shep. Touch. 50. This applies to all instruments in writing, under seal, whether they relate to the conveyance of lands, or to any other matter; a bond, a single bill, an agreement in writing, or any other contract whatever,

when reduced to writing, which writing is sealed and delivered, is as much a deed as any conveyance of land. 2 Serg. & Rawle, 504; 1 Mood. Cr, Cas. 57; 5 Dana, 365; 1 How. Miss. R. 154; 1 McMullan, 373. Signing is not necessary at common law to make a deed. 2 Ev. Poth. 165; 11 Co. Rep. 278 6 S. & R. 311. 11. The circumstances necessarily attendant upon a valid deed are the following: 1. It must be written or printed on parchment or paper. Litt. 229, a; 2 Bl. Com. 297. 2. There must be sufficient parties. 3. A proper subject-matter which is the object of the grant. 4. A. sufficient consideration. 5. An agreement properly set forth. 6. It must be read, if desired. 7. It must be signed and sealed. 8. It must be delivered. 9. And attested by witnesses. 10. It should be properly acknowledged before a competent officer. 11. It ought to be recorded. Every contract on a negotiable instrument is incomplete and revocable until delivery of the instrument for the purpose of giving effect thereto. As between immediate parties, and as regards a remote party other than holder in due course, the delivery, in order to be effectual, must be made either by or under the authority of the party making, drawing, accepting, or indorsing, as the case may be; and, in such case, the delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument. But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him, so as to make them liable to him, is conclusively presumed until the contrary is proved. Any false representation of material facts made with knowledge of falsity and with intent that it shall be acted on by another in entering into contract, and which is so acted upon, constitutes fraud, and entitles party deceived to avoid contract or recover damages. Barnsdall Refining Corn, v. Birnam Wood Oil Co., 92 F 26 817.