According to the complaint, alaska Dispatch Publishing owner Alice Rogoff wrote on a towel in April 2014: “I agree to pay Tony 1000K at the end of each calendar year (from 14 years) for 10 years for 10 years.” It would be former Alaska Dispatch News president and publisher Tony Hopfinger, and Rogoff wrote him a check for $100,000 in January 2015. “A contract is an agreement between two or more parties to complete a transaction,” says Christina McPherson of Baker Deane and Nutt (BD-N) Lawyers. “As a general rule, one party undertakes to transfer goods, services or goods to another party for money.” Can a scribble on a towel be considered an enforceable contract? Those who express their understanding of towels or emails should be aware that if the intention is to create a binding contract only if an official document is signed, that intention should be clearly expressed. Otherwise, subsequent attempts to leave or alter the initial understanding as soon as lawyers are involved may be considered a refusal or an offence and result in damages. As long as the requirements of an enforceable contract exist, the instrument used by the parties to implement an agreement is generally negligible – but note that different jurisdictions may have legislation requiring a particular form of enforceable contracts. Before tabling their agreement in writing, the parties should first consider the exact terms and language of the agreement. What for? Because the courts prefer to enter into agreements made by consenting parties, especially when a party can refer to a written form of agreement and say, “Hey, here is proof of our intention to be bound!” A recent decision by the BC Court of Appeal (Hoban Construction Ltd. v. Alexander) referred to what the court described as a “handwritten document, drafted and hastily signed in a gravel mine,” as a binding agreement and awarded damages of nearly US$1 million. The decision defines the approach that the C.A. courts must take .C. in the face of such a situation. “The piece of paper or towel should clearly identify the contracting parts.
It must also include the transaction – that is, the specific good or service that a party provides, and the money, participation in the business, etc.