QUESTION

Can a contract be binding if one party signs their copy contract with the effective date left blank?

Asked on Jan 30th, 2013 on Business Law - Mississippi
More details to this question:
A physician signed a contract with a Preferred Provider Organization (PPO) that was supposed to steer patients to the physician in return for discounts on the PPO's members (patients') bills to the insurance payers. Instead of the PPO steering patients, they lease/rent out the physician's contracted discount rates to non-contracted payers. Would it be possible to require reimbursement of the discounts allowed under the contract because the contract that the physician signed did not have an effective date. It was left blank when he signed it. However, I'm sure that once he faxed the signed contract back to the PPO, they filled out the effective date. But the physician still does not have an effective date on his contract. Can he claim that this contract is not effective because his does not have an effective date?
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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Whether one is bound by a contract generally depends on an objective determination of whether that party intended to be bound. Normally the affixation of one's signature is fairly conclusive evidence of intention to be bound. Contracts are not required to be dated to be binding, even if they include a place for insertion of the date.
Answered on Jan 30th, 2013 at 3:14 PM

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