united-states contract-law california
If a contract always uses the wrong name, is it still valid?
<p>I was given a contract (NDA) that looks like it was from a template that was not retyped. My name is not stated anywhere on the contract, but rather someone else's name is on the contract. I do not know this other person.</p>
<p>What am I liable for if I sign this? If the other person breaks the contract by disclosing company secrets, am I liable? If I disclose company secrets, am I liable, given that my name appears nowhere on the contract but the signatory line?</p>
<blockquote>
<p>This contract is between Joe and John. blah blah blah. Joe agrees to not disclose blah blah</p>
</blockquote>
<p><em>My name is not Joe or John and I know only John.</em></p>

<blockquote>
<p>If a contract always uses the wrong name, is it still valid?</p>
</blockquote>
<p>A contract is not a piece of paper. It is an <em>agreement</em> between parties that meets certain <a href="https://law.stackexchange.com/questions/6263/what-is-a-contract-and-what-is-required-for-them-to-be-valid">criteria</a>. The piece of paper is just evidence of that agreement that can be referred to should there be any misunderstandings or disputes.</p>
<p>So in your case, you would be presumed to have discussed the terms with the party you sign the NDA. You would be presumed to have fully understood them. A wrong name on the paper is just an error. It may make it more difficult to establish that you indeed entered the contract (in case of a dispute) but it will by no means invalidate the contract.</p>
