Q: Is an agreement made during sex legally binding
A: This is truly a fascinating question and one that many law students would spend hours and hours pondering and researching. I think that the method by which the agreement was memorialized is important, witnesses, if any, are always helpful, and the state of mind of the parties and their intent to contract might be persuasive. Generally though, a contract that is properly formed is binding no matter the circumstances surrounding its formation. In any case, if you are very concerned about the enforceability of the agreement you should find a local attorney to discuss it with. There may be local case law that helps or hinders the situation. The foregoing answer is provided by Douglas J Shumway, Esq.: (801) 478-8080. The answer provided is not intended to form an attorney client relationship and should not be construed as legal advice. Mr. Shumway is licensed only in Utah. Mr. Shumway's law firm has offices in Salt Lake City, San Antonio and Las Vegas.
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