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Contracts

Jun. 10, 2011

Who Can Enforce a Contract?

In the practice of contract litigation, stark and simple facts rarely present themselves. By Dan Jacobson of Pacific West College of Law

Dan Jacobson

Attorney

Phone: (714) 505-4872

Email: dlj@jacobsonlawyers.com

Dan Jacobson is a practicing attorney in Tustin; a law professor-emeritus; a retired Governor of the California Insurance Guarantee Association, having been appointed to that position by Congressman John Garamendi, when Congressman Garamendi was California's Insurance Commission; and, a recently retired member of California's Board of Accountancy, having been appointed to that position by Assembly-Speaker Anthony Rendon.

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By Dan Jacobson


If a person offers to pay a few bucks to the 7-11 cashier for a six-pack of Pepsi and the cashier accepts that offer, the now-formed contract can be enforced. But, in the practice of contract litigation, such stark and simple facts rarely present themselves when the issue is who can enforce a contract; sometimes that issue can be a real headscratcher.


Of course, contracting parties can enforce contracts between themselves, as can certain...

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