QUESTION

Can a contract for a pastor to pastor a new independent church be made enforceable without member ratification.

Asked on Nov 24th, 2012 on Contracts - Pennsylvania
More details to this question:
The contract contains things like conduct, salary and duties. Bylaws of the church contains nothing concerning contracts for a pastor.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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There are two issues here: first issue is, as between the pastor and the church, whether the pastor has an enforceable agreement; second issue is whether the officer or director of the church who entered in the agreement with the pastor exceeded his authority. The answer to the first question is probably "yes" since a reasonable pastor would not be on notice that some approval other than the signature of a single officer or director was required, and the person signing on behalf of the church had apparent authority. The second question answer is probably "no," since, as a general matter, approval by members of a non-profit entity is not required of ordinary contracts.
Answered on Nov 25th, 2012 at 12:09 AM

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