Archive for January, 2013

New Year Resolution: do not sign stuff you do not understand!

Tuesday, January 1st, 2013

“Equity will not relieve against mistake when the complaining party had within his reach the means of ascertaining the true state of facts and, without being induced by the other party, neglected to avail himself of his opportunities of information.” P&R Land Development LLC v. American Freightways Inc., No. 31820 (MO. App. S.D. December 19 2012) (quoting Croy v. Zalma Reorganized Sch. Dist. R-V of Bollinger Cnty., 434 S.W.2d 517, 522 (Mo. 1968)).

“…in the context of claims for rescission based on unilateral mistake, “Missouri courts have afforded little sympathy to a party who ‘did not understand the consequences of an act.’”” P&R Land Development LLC v. American Freightways Inc., No. 31820 (MO. App. S.D. December 19 2012) (quoting Parks v. MBNA American Bank, 204 S.W.3d 305, 314 (Mo.App. 2006)).

In sum, you will not be allowed to complain in Court that the result of a contract is unfair because you failed to understand the contractual clauses you signed and agreed to.

Please seek legal advice before signing documentation you do not fully understand.