QUESTION

I wrote a contract (specifying percentages to be paid me) but i also included the term \"Power of Attorney\". Does that make the entire contract void?

Asked on Jul 02nd, 2012 on Contracts - California
More details to this question:
I provided a $3000 investment to a friend for her patent application. The patent has since been issued and appears to have been infringed upon. I initially wrote a contract (which the patent owner signed) entitled \"Assignment of Limited Partners Interest\" specifying the percentage that I would get if an infringement lawsuit was won. As per the patent owner\'s request, I also wrote in the contract that I would have Power of Attorney & equal rights to negotiate with attorneys & infringing companies. The patent owner now claims that my ENTIRE contract is unenforceable because it was against Contract Law to include Power of Attorney in it, without following the proper protocol. She claims that Power of Attorney would make me a General Partner rather than a Limited Partner, and because the contract is also mistitled and also because I did not follow proper protocol to gain Power of Attorney, the ENTIRE contract is void. Is her claim true? Is my ENTIRE contract unenforceable and void?
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1 ANSWER

Business Transactions Attorney serving Los Angeles, CA at Doland & Fraade
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"Power of Attorney" allows one person to sign in the name of another or to take actions in the name of another. You will need at attorney to review both the agreement as well as what appears to be the limited partnership agreement to give you better analysis.
Answered on Jul 31st, 2012 at 11:49 AM

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