Legal Question in Business Law in California

what are the two types of mistakes that may be involved in an attempt to make a contract?


Asked on 3/06/11, 10:18 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

1. Not having a lawyer look at any contract involving serious money.

2. Not reading the contact.

3. Not obtaining a signed copy of the contract.

4. Not taking the contract home overnight before signing it.

5. Erroneously thinking there is a law providing for a "cooling-off" period.

6. Not immediately canceling a self-renewing "evergreen" contract.

7. Co-signing or guaranteeing other people's contracts or loans.

8. Signing anything involving gym memberships, franchises, or time-shares.

9. Not requiring good and sufficient collateral for a loan.

10. Not requiring a personal guarantee when dealing with a corporation or LLC.

11. Allowing oneself to be "pressured" into signing.

12. Signing a contract that can only be enforced in a geographically distant forum.

13. Signing a contract with an arbitration clause.

14. Erroneously thinking the court will help people who sign bad contracts.

15. Erroneously thinking there are only two types of mistakes.

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Answered on 3/06/11, 10:31 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

They are "mistakes of fact" and "mistakes of law."

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Answered on 3/07/11, 9:27 am


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