In California, Are You Responsible for a Contract You Sign But Do Not Read?

Since a significant part of my practice is representing California businesses, I routinely sue businesses or individuals that breached one of my client's contracts. A very common defense I have come across goes essentially like this - "I didn't read the contract because (insert reason - ie. I don't understand English, I didn't have time to read it, etc.)."

Throughout life, we are presented with contracts to sign. When we buy a car or a house, sellers present us with mountains of paperwork to read and sign. If we took the time to read all of these documents, we would literally be reading for hours or even days!

However, generally in California, assuming the basic elements of contract formation are met, a contract is enforceable against someone who has signed the agreement even if that person did not read the contract if knowledge of the terms of the contract are available to each party. However, if the person that is trying to invalidate the contract can show that there was some sort of special relationship between him and the other party, or he can show he was defrauded into signing the contract, there is a possibility (but not a guarantee) that the court may invalidate the contract.

Of course, every case has unique facts that significantly affect its outcome.

The information on this blog is not legal advice, nor is it intended to create an attorney-client relationship. Legal questions should be directed to a lawyer of your own choosing.

Scott D. Wu is an attorney licensed to practice in California. His firm focuses on various aspects of business law, family law, personal injury and real estate.