Contracts

It sometimes happens that a party to a contract discovers that he has agreed to something that is not is his personal or financial best interests. He might try to claim that he didn’t read or didn’t understand the contract so the contract isn’t enforceable against him. This article is an examination of Alabama caselaw on the question of whether a contract is binding and enforceable when a party claims to have misunderstood it. Can you be bound to a contract you didn’t understand? Let’s start with the basic principle of why we put contracts in writing in the first...

If you’ve ever been zip-lining or whitewater rafting, you have likely had to sign some sort or waiver or release. Did you stop to wonder whether it’s enforceable if you were to get hurt? Would you actually have signed away your rights to make a claims against someone? As with all good legal questions, the answer is it depends. These types of releases can be enforceable in Alabama, but as to whether any particular pre-injury release is enforceable, it will hinge on the language of the contract itself. Pre-Injury Releases In Alabama, parties may execute an agreement that will release claims...