Daly City, CA asked in Contracts for California

Q: Is a promissory note a contract. And if it is if that note was signed by the husband only. Is his wife a party to it

If that wife interfered with the contract and caused her husband to breech the contract. Could the wife be considered a tortfester

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1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: Husbands and wives can act as agents for one another. In other words, it is not always required that the husband and wife both explicitly be listed on a document in order for it to be held against them both. Assuming you otherwise have a case, you could sue both husband and wife and force the wife to prove she isn't part of the contract somehow.

Also, inducing breach of a contract is its own separate offense so the wife could still be sued even if she wasn't a party to the contract.

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