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Illiteracy and law

If somebody signs a contract and they found out that they couldn't read or understand it, according to the law, this would make the contract invalid.

Are there any cases where this has been put in front of a judge and the contract has then become void?

Comments

  • Undervalued
    Undervalued Posts: 9,617 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 31 October 2024 at 11:13AM
    No simple answer to this but not in itself.

    The correct thing is such a situation is for an independent person to read the contract to the illiterate person and explain the implications.

    Also, for virtually all purposes, there is no legal requirement for a contract to be signed or even in writing. Legally all that is needed is an offer and (informed) acceptance.

    If the person offering the contract was aware of the other party's disability and was fraudulently taking advantage of the situation then that could make it invalid. 
  • Okell
    Okell Posts: 2,731 Forumite
    1,000 Posts Second Anniversary Name Dropper
    If somebody signs a contract and they found out that they couldn't read or understand it, according to the law, this would make the contract invalid.

    Are there any cases where this has been put in front of a judge and the contract has then become void?
    What law are you thinking of?

    I don't think the fact someone can't read a contract necessarily makes it unenforceable.

    What matters is if they understand it.

    Are you suggesting a situation where somebody has been misled as to what they are signing?  (I can't imagine any other situation where somebody would sign something they could not read).

    Might be quicker if you told us the full story rather than dripping it...
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    If somebody signs a contract and they found out that they couldn't read or understand it, according to the law, this would make the contract invalid.

    Are there any cases where this has been put in front of a judge and the contract has then become void?
    As long as they are of sound mind then they've chosen to accept it without reading it, like the majority of people do who are literate. 
  • Alderbank
    Alderbank Posts: 3,970 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 31 October 2024 at 11:18AM
    Any cases? Yes.

    England & Wales, EU or Scots law?

    Statutory Consumer Rights or contract law (common law of contracts has been accumulating for centuries)?

    We shouldn't really be doing your essays for you  :)
  • lincroft1710
    lincroft1710 Posts: 18,951 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    user1977 said:
    Given the OP's posting history, I doubt we're going to hear any more, and they'll find a different straw to clutch at in a few months' time...
    It seems some people just can't let bygones be bygones 
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • sheramber
    sheramber Posts: 22,707 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Hoping one of these times he will get the answer he wants.
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