Connecticut Bar Exam

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A promoter signs a 5-year lease for office space in New Haven on behalf of 'Future Tech, Inc.,' a corporation that has not yet been formed. The lease is signed by the promoter as 'Jane Doe, President of Future Tech, Inc.' After the corporation is properly formed, the board of directors formally adopts the lease at its first meeting. If the corporation later defaults on the lease, who is the landlord's primary party to sue for breach of contract?

The promoter, Jane Doe, because she signed the contract before the corporation existed. The corporation, Future Tech, Inc., because it adopted the contract. Both Jane Doe and Future Tech, Inc. are liable, as the adoption creates co-liability. Neither party is liable, as the contract is void from the beginning.

Correct Answer:

The corporation, Future Tech, Inc., because it adopted the contract.

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