Backdating contracts verbal contracts contract splitting

Yes, that’s the problem and that’s when backdating comes in.

backdating contracts verbal contracts contract splitting-4

There are some exceptions to the former; none (based on my experience) to the latter. All you have to do is write in a prior date and sign it. In most agreements, using a prior date to make it look like it was signed earlier is the wrong way to go. The problem is that it may not work in every situation.

However, there is no right answer for all situations. The easiest way is to make the contract happen on the date that it is signed. There it is, the document is signed and delivered as if it were signed and delivered weeks ago, months ago, even years ago. For example, let’s suppose there is a confidentiality provision in the agreement or some other obligation that was supposed to happen prior to signing.

Typically, this is done by stating at the beginning of the contract that However, if there are intellectual property rights, confidentiality obligations or other pre-existing obligations, you may have a problem because any rights arising prior to signing the contract would be lost. How do you hold someone responsible for doing something before they knew it was an obligation? Sometimes, the best solution is just to fix the problem.

If you are thinking of rekindling your relationship with an old flame, you came to the wrong place.

What “backdating” is about is signing an agreement today with the intent that it be effective as of a prior date.

Let’s suppose you hire a web designer to build a new website.

Perhaps, you don’t know exactly what kind of website you need or how much it will cost.

You meet with your designer and toss around some ideas. There are several versions, lots of back and forth conversation.

You get really excited about how great your website is going to look. Somewhere along the way, you realize there is no contract. One week turns into two weeks, two weeks into a month or two months.

You remember that your lawyer once told you that without a contract you do not legally own your website. Finally you prepare the contract and your designer agrees to sign it. Should it be dated when the contract is signed or back when you first started working together? The reason contract dates are important is because that is when your legal rights begin.

For example, if the contract is dated today, who owns that portion of the website code that was developed prior to signing the agreement? So, you paid the designer in full but you don’t own the website?

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