California Codes

Cal. Civil Code § 1550 (2026)

✓ current as of May 2026

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It is essential to the existence of a contract that there should be:

1.Parties capable of contracting;

2.Their consent;

3.A lawful object; and,

4.A sufficient cause or consideration.

Notes of Decisions

Cited in 368 cases (165 in the last 5 years), 1944–2026 · leading case: Weddington Prods., Inc. v. Flick, 98 Cal. Daily Op. Serv. 218 (Cal. Ct. App. 1998).

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Weddington Prods., Inc. v. Flick, 98 Cal. Daily Op. Serv. 218 (Cal. Ct. App. 1998). · cites it 3× “” (Civ. Code, § 1550; 1 Witkin, Summary of Cal.”

Donovan v. RRL Corp., 27 P.3d 702 (Cal. 2001). · cites it 2× “We granted defendant's petition for review and requested that the parties include in their briefing a discussion of the effect, if any, of California Uniform Commercial Code division 2, chapter 2, sections 2201-2210, upon the present case.”

Connie A. Nagrampa v. Mailcoups, Inc. The Am. Arbitration Ass'n, 469 F.3d 1257 (9th Cir. 2006). “Absent such notice, the requisite mutual consent to that contractual term is lacking and no valid contract with respect to such clause thus exists.”

Norcia v. Samsung Telecomm. Am., LLC, 845 F.3d 1279 (9th Cir. 2017). “1999) (alterations in original) (quoting Cal. Civ. Code § 1550 ). A party who is bound by a contract is bound by all its terms, whether or not the party was aware of them.”

Mitch Oberstein v. Live Nation Ent'm't, Inc., 60 F.4th 505 (9th Cir. 2023). “” Cal. Civ. Code § 1550 . Furthermore, for a contract to be binding, it is necessary “not only that the parties to the contract exist, but that it is possible to identify them.”

T. M. Cobb Co. v. Superior Court, 682 P.2d 338 (Cal. 1984). · cites it 2× “) (6) However, mutual consent of the parties is essential for a contract to exist (Civ. Code, §§ 1550, 1565), and "[c]onsent is not mutual, unless the parties all agree upon the same thing in the same sense.”

Juen v. Alain Pinel Realtors, Inc., 244 Cal. Rptr. 3d 411 (Cal. Ct. App. 5th 2019). “( Civ. Code, § 1550.) "[T]he consent of the parties to a contract must be communicated by each party to the other.”

Stewart v. Preston Pipeline Inc., 2005 Cal. Daily Op. Serv. 10743 (Cal. Ct. App. 2005). “) Defendants therefore had the burden of establishing each contractual element—parties who are capable of entering into contract, their mutual *1586 consent, a lawful object, and sufficient cause or consideration (Civ. Code, § 1550; Shaw v. Regents of University of California…”

Huong Que, Inc. v. Luu, 2007 Cal. Daily Op. Serv. 4788 (Cal. Ct. App. 2007). “As previously noted, one becomes an agent, and thereby assumes a duty of loyalty, by acting or assenting to act for another—even if no consideration is furnished and no contract is formed. (See Rest.”

Lopez v. Charles Schwab & Co., Inc., 2004 Cal. Daily Op. Serv. 4445 (Cal. Ct. App. 2004). · cites it 2× “) Mutual assent usually is manifested by an offer communicated to the offeree and an acceptance communicated to the offeror.”

ASP Props. Grp., L.P. v. Fard, Inc., 2005 Cal. Daily Op. Serv. 9572 (Cal. Ct. App. 2005). “(Civ. Code, § 1550.) 5 “Mutual assent or consent is necessary to the formation of a contract.”

Avery v. Integrated Healthcare Holdings CA4/3, 218 Cal. App. 4th 50 (Cal. Ct. App. 2013). “(Civ. Code, §§ 1550, 1565, 1580; Weddington Productions, Inc.”

Show all 368 citing cases →

— Cal. Civil Code § 1550(2) — 1 case

(PC) McClure v. Chen (E.D. Cal. 2020).

— Cal. Civil Code § 1550(3) — 2 cases

Ting v. AT & T, 182 F. Supp. 2d 902 (N.D. Cal. 2002).

Cleveland v. Ludwig Inst. for Cancer Rsch. Ltd (S.D. Cal. 2021).

— Cal. Civil Code § 1550(4) — 1 case

Marriage of Kimbrell CA4/1 (Cal. Ct. App. 2023).

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