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Contact Question

  • 12-02-2015 2:35pm
    #1
    NeVeR
    Registered Users, Registered Users 2 Posts: 5,356 ✭✭✭


    Hey All,

    Just wondering about something.

    Lets say I was buying something any paying by direct debit.

    the price of the item was €2000.. and the agreed repayment was €80/Month.

    You sign the contract and the store sign the contract

    2 to 3 weeks later they relies that the amount that charged was wrong.

    Instead of putting €2000 on the contact they put €1800 and the monthly payments are based off the €1800 price and not the €2000 price.

    Does it mean I can refuse to sign it and get it at €1800 ?

    Just wondering.

    thanks.


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    Just wondering what you think the answer might be, OP?


  • #3
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Is this a simple contract for payments by installment or is there a credit agreement in place?

    Out of interest if they'd put down €2200 you'd have paid it right?


  • #4
    NeVeR
    Registered Users, Registered Users 2 Posts: 5,356 ✭✭✭NeVeR


    I've already re-signed the contract for the correct amount..

    I was just wondering if i decided to be a dick and not sign it could they have done anything.

    It was a flexit rent contact.


  • #5
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    If you had been bolshie about it, they would have been in a sticky situation, but not necessarily a hopeless one.

    There'd be a contract in existence, signed by both of you, for the sale of the asset for €1800.

    If you hadn't agreed to resign a corrected contract, their remedy would be to go to court to seek rectification of the original contract on the grounds of mutual mistake. They would have to satisfy the court that the €1800 was a mistake on both their part and yours (i.e. you both understood that the agreed price was €2000) and that it would be unconscionable for you to be allowed to take advantage of the mistake. Their problem would be evidentiary, obviously; if you are bolshie and uncooperative how are they going to prove that you understood when you signed the contract that the correct price was €2000? There might be a paper trail of e-mails during negotiations, or of quotes previously issued. Or there might be witnesses to conversations who would say that, yes, the price of €2000 was discussed and agreed by you. Or there might not be.


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