Examining Any Agreement

A systematic approach for analyzing any claimed agreement — whether a contract, citation, summons, or demand. Before you can respond effectively, you must understand what you're dealing with.

The Goal

Don't react emotionally. Don't assume the claim is valid. Don't assume it's invalid. Examine it systematically to understand its nature, identify potential issues, and determine your options.

The Examination Process

1

Identify the Claim

Before examining validity, understand what's being claimed:

  • What type of document is this? (contract, citation, summons, notice, demand)
  • Who is the claiming party?
  • What do they claim you owe or must do?
  • What is the stated basis for the claim?
  • What response do they demand, and by when?
2

Check the Elements

For any agreement to be valid, certain elements must be present. Review What Is an Agreement? and check:

  • Offer — Was there a clear offer?
  • Acceptance — Did you accept? How? When?
  • Consideration — What did each party give?
  • Meeting of minds — Did you understand what you were agreeing to?
  • Lawful purpose — Is the agreement for something legal?
  • Capacity — Did all parties have legal capacity to agree?
3

Examine the Consideration

Consideration is the heart of any valid agreement. Ask:

  • What did the other party actually give?
  • Was it something of value that already existed?
  • Or was their "consideration" derived from what you gave?
  • Did you understand the consideration at the time?
  • Would a neutral observer see this as a fair exchange?

See Consideration in Commerce for the banking-specific analysis.

4

Identify the Parties

Who are the actual parties to this agreement?

  • Is this addressed to you personally, or to a legal entity?
  • How is your name formatted? (ALL CAPS vs. proper case)
  • Who signed for the other party? In what capacity?
  • Is the current claimant the original party, or an assignee?
  • If assigned, is the chain of assignment complete?

See Identity for the framework on parties and capacity.

5

Check for Consent Issues

Valid agreements require genuine consent. Look for:

  • Fraud — Were you deceived about material facts?
  • Duress — Were you forced or threatened?
  • Mistake — Was there a significant misunderstanding?
  • Unconscionability — Are the terms shockingly unfair?
  • Lack of disclosure — Was important information hidden?
6

Review the Documentation

What physical or digital evidence exists?

  • Do you have the original agreement document?
  • Does the claimant have the original?
  • Are there discrepancies between copies?
  • Is your signature authentic? Modified?
  • Are there missing pages or exhibits?
7

Research the Legal Framework

What law governs this agreement?

  • What jurisdiction applies?
  • Is this common law, statutory, or administrative?
  • What are the relevant statutes or codes?
  • Are there procedural requirements that must be met?
  • What defenses are available in this type of matter?

Key Questions to Ask

"What is the nature of this agreement?"

Is it commercial? Administrative? Regulatory? Each operates under different rules.

"When and how did I allegedly agree?"

Pin down the specific moment and method of agreement. Signature? Silence? Conduct?

"What consideration was exchanged?"

Real value must flow both ways. One-sided exchanges are gifts, not contracts.

"What capacity was I acting in?"

Personal? Representative? Understanding your role matters.

"Who can enforce this, and can they prove standing?"

The party claiming must prove they have the right to enforce.

"What happens if I challenge vs. comply vs. ignore?"

Understand the practical consequences of each path before choosing.

Red Flags to Watch For

Urgency Pressure

"Respond immediately or lose all rights!" Real agreements don't require panic. Pressure often indicates weakness in the claim.

Missing Documents

"We can't find the original but you still owe." If they can't produce the agreement, their ability to enforce may be compromised.

Vague Consideration

"Value was exchanged" without specifying what. Legitimate parties can explain exactly what they gave.

Changed Terms

"The terms were modified per clause 47(b)." Legitimate modifications require mutual agreement.

Assumed Authority

"We have jurisdiction because..." Jurisdiction must be established, not assumed.

Document Your Findings

As you examine, create a written record:

  1. Summary — What is being claimed, by whom, for what
  2. Elements analysis — Which elements are present, which are questionable
  3. Questions raised — What information is missing or unclear
  4. Potential issues — Where the claim appears weak
  5. Options — What courses of action are available

This document becomes your foundation for any response.

Next Step: Responding

Once you've examined the agreement, you're ready to consider how to respond. See Responding to Claims for strategies that don't inadvertently admit or create new obligations.