By Zuko Komisa
Contracts can sometimes be very tricky if you don’t pay close attention to what you are signing. \
Every day, people engage in contracts without even realizing it—when we fill up our fuel tank, get insurance visit the hairdresser, get a gym membership, etc.
In some instances people find themselves bound to a contract without fully agreeing to the terms and conditions.
In those situations, how do you prove you were tricked into signing a contract?
Kaya Biz with Gugulethu Mfuphi spoke to Mojalefa Motalane – Founder of Motalane Attorneys to unpack what you should do to resolve your dispute with someone who tricked you into signing a contract.
LISTEN TO THE FULL CONVERSATION HERE:
Motalane gave scenarios and circumstances in which contracts can be nullified.
“In most instances, contracts are about buying and selling of things, there has to be a consideration that is paid for whatever two parties are contracting about. Most importantly there has to be some authority and the parties need to have the capacity to enter into the agreement.” said Motalane.
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It would take admissible evidence, which can be either written or verbal proof that asserts something other than the written contract, to demonstrate that you were duped into signing a contract.
You must present proof of the following to establish that you were duped into signing a contract:
- You were misrepresented in some way.
- The representation was inaccurate.
- The other party intentionally misrepresented you.
- The misrepresentation was done in an attempt to get you to sign the contract agreement.
- You are subject to damages as a result of the misrepresentation
A contract may also be nullified by errors, bad faith, and violence.
To guarantee that you have enough proof to demonstrate an invalid contract agreement, make sure to document every step of the contract procedure.
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