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Topic: Questions about contracts and crossed out sections  (Read 2268 times)

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Questions about contracts and crossed out sections
« on: July 22, 2010, 10:29:56 AM »
my dutch friend said that in Holland you can't just cross sections out of the contract, you have to write up an entirely new contract... a crossed out section is still legally binding.  I have never heard this before but figured it was worth asking... if a section is crossed out is that section void or is it still legally binding?


The reason I ask...


I recently purchased a bridesmaid's dress at a wedding shop here in Preston.  When I made the purchase, I asked twice if the alterations were included and I was told yes.  On Monday I went to get fitted for the alterations and they charged me.  The manager wasn't in at the time and despite saying I would pay later, they convinced me to pay then (£30).  I was talking with the manager yesterday and she pointed out that the section in the contract that was crossed out was about it being included and so I have to pay since it was crossed out.  I am now looking at the contract and yes it is crossed out, barely readable but it says exactly what they told me.  I'll confront them today about it again because on my budget 30 pounds is over a weeks worth of living and come sept. I run out of finances so I need every single penny I have.









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Re: Questions about contracts and crossed out sections
« Reply #1 on: July 22, 2010, 01:52:09 PM »
I am far from being an expert but if I signed a contract with parts crossed out  I would have expected to have at least initialled beside the crossed out bits to record that i'd been made aware of them?


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Re: Questions about contracts and crossed out sections
« Reply #2 on: July 22, 2010, 01:56:05 PM »
I am far from being an expert but if I signed a contract with parts crossed out  I would have expected to have at least initialled beside the crossed out bits to record that i'd been made aware of them?

Whenever I've signed a contract, I've always initialed next to any bits that get crossed out, replaced, etc. I don't know what the rules are for that, but I've always viewed parties' initials on stuff like that as written acknowledgement that they agree to the changes made.
Moved to London February 5, 2010


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Re: Questions about contracts and crossed out sections
« Reply #3 on: July 23, 2010, 10:03:56 AM »
Whenever I've signed a contract, I've always initialed next to any bits that get crossed out, replaced, etc. I don't know what the rules are for that, but I've always viewed parties' initials on stuff like that as written acknowledgement that they agree to the changes made.

I'd think this might be sufficient, but if you are unsure, contact Community Legal Advice:
http://www.communitylegaladvice.org.uk/gateway/consumer.jsp?rid=5442

Dutch law is completely different and verbal contracts there are legally binding! 

HTH.  :)


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Re: Questions about contracts and crossed out sections
« Reply #4 on: July 23, 2010, 05:19:40 PM »
Verbal contacts are legally binding here too (England & Wales at the very least).


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Re: Questions about contracts and crossed out sections
« Reply #5 on: July 26, 2010, 10:37:01 AM »
I thought verbal agreements are likely to not be upheld in court, because agreement terms are often not clarified, do don't really count here in the same way as Dutch law? 


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Re: Questions about contracts and crossed out sections
« Reply #6 on: July 31, 2010, 12:03:39 AM »
I don't know anything about Dutch laws, but certainly there is no problem with the legal status of verbal contracts in England & Wales. 

For example, if I had a verbal contract that I would pay you a sum of £20 for a lift from Cardiff to London.  If you carried out your part of the contract but I failed to pay you, you might take me to Court.  If I agreed that this was the agreement but sought to argue that I shouldn't have to pay you because the contract was not valid on the basis that it was only made verbally and it hadn't been put into writing - I'd be laughed out of court.


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