≡ Menu

The right running footer in a contract can defeat claims of missing pages

Putting “page 2 of 4” in the running footer of a contract can defeat a party’s claim that it was not given all the pages. The Texas Supreme Court recently ruled that such a footer would have put a party on notice that it was (allegedly) missing a page containing a forum-selection clause that the party complained it was not specifically shown. See In re International Profit Associates, Inc., No. 08-0531, slip op. at 4 (Tex. Jun. 12, 2009) (per curiam, reversing conditionally granting mandamus petition; district court abused its discretion in requiring party seeking to enforce forum-selection clause to prove that it had provided that clause to other party).

Comments on this entry are closed.

On Contracts is Stephen Fry proof thanks to caching by WP Super Cache