Signed Acceptance of Contracts

Although it is certainly the preferred method of accepting contracts — and subject to the requirements of the statute of frauds — a signature is not the exclusive method of determining whether a contract has been accepted. The reason for this is that the object of the signature is to show “mutuality of assent.”

“Whether an unsigned writing constitutes a binding contract usually depends on the intention of the parties.” Sanders v. Dewitt, 579 S.W.2d 707, 711 (Mo. Ct. App. 1979). In disputed situations, whether a party has accepted the terms of a contract in the absence of a signature is a question of fact. Baier v. Darden Rests., 420 S.W.3d 733, 738 (Mo. Ct. App. 2014). Accordingly, it is often up to the judge/jury to decide at trial whether a contract exists.

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