PDA

View Full Version : Is a credit card application a contract



frfpatty
Mar 7, 2009, 10:40 PM
Some people have told me that when you signed a credit card application you are entering in a contract.
But after doing some research I found this:
A copy of the alleged credit card application is not a contract. See footnote 3 in the matter of Novack v. Cities Service Oil Co. 374 A.2d 89, 149 N.J.Super. 542 (N.J.Super.Law Div. 04/07/1977)

Does anybody have more info about this ruling or an opinion?

walt17
Mar 8, 2009, 01:59 AM
A contract requires both parties to agree to the terms. An application is only a request to enter into a contract. Once the CC company approves your application, then you would have a contract.

The application would not be the contract. There would be a credit card agreement which spells out the terms of the "contract". Which I suspect most people don't actually read. Part of the agreement allows the CC company to amend the terms if they choose to do so. Your only option is to cancel the card.

Fr_Chuck
Mar 8, 2009, 04:00 AM
The credit card application is your request for a card ( and contract) and your agreement to accept the terms.

The card itself it sent, and the use of it, or acceptance makes the contract which are the terms and conditions of the card.

Curlyben
Mar 8, 2009, 04:40 AM
The application can be the agreement assuming it contains all the required terms to satisfy said contract.

frfpatty
Mar 8, 2009, 05:43 PM
A contract requires both parties to agree to the terms. An application is only a request to enter into a contract. Once the CC company approves your application, then you would have a contract.

The application would not be the contract. There would be a credit card agreement which spells out the terms of the "contract". Which I suspect most people don't actually read. Part of the agreement allows the CC company to amend the terms if they choose to do so. Your only option is to cancel the card.

According to the ruling of the court, a credit card application is not a contract. As far as the agreement, where did you signed that you are agreeing to the credit card agreement?

Did you forget about jurisprudence? Past rulings give us interpretation of the law and how to apply it.

frfpatty
Mar 8, 2009, 05:47 PM
The credit card application is your request for a card ( and contract) and your agreement to accept the terms.

The card itself it sent, and the use of it, or acceptance makes the contract which are the terms and conditions of the card.

The court has interpreted in the ruling I am quoting that a credit card application is not a contract, So wher do you get the idea that it is a contract.

Do you have a ruling made by the supreme court that I can look at, stating the opinion that a credit card application is a contract?