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Mistake on contract

  • 10-12-2003 1:09am
    #1
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭


    If there is a mistake on a contract is it still valid and enforceable? Eg. if its says Co. Kildare instead of Co.Laois

    Your views would be appricated.


Comments

  • #2
    Borzoi
    Registered Users, Registered Users 2 Posts: 2,876 ✭✭✭Borzoi


    Depends on relevency and intent really

    If it's just an 'honest mistake' with a detail and not a crucial factor, the contract is still valid. Like if they put your address down as Laois, but you live in Kildare, and you've just contracted to do some work, it's not really relevant where you're from.

    If on the other hand you were building motorways, that's a different matter:confused::D


  • #3
    jesus_thats_gre
    Registered Users, Registered Users 2 Posts: 17,441 ✭✭✭✭jesus_thats_gre


    What about if you purchased a TV on finance and they have the wrong name on it?

    Eg: Instead of callanan, they have o'callaghan.. made up names


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,574 ✭✭✭✭Victor


    What type of contract? Does the difference materially affect the way in which the contract can be operated. What is the nature of the reference?
    Originally posted by Bond-James Bond
    If there is a mistake on a contract is it still valid and enforceable? Eg. if its says Co. Kildare instead of Co.Laois
    It really depends on context. If it's "you may be required to work anywhere in Laois" when it is meant to be "you may be required to work anywhere in Kildare" then that is an obvious problem if your main place of employment is in Kildare. A judge will then ignore that part of the contract (but won't correct it).

    If it is something like a mistyped address, a jusdge willl look to see what, on the balance of probibility was intended by the parties, e.g. Naas, Co. Laois is obviously wrong. However Newbridge, Co. Laois may not be (there might actually be a Newbridge in Laois).


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