Does a party have an obligation to ensure that the signing party reads and understands the terms of a document?
British Columbia, Canada
The following excerpt is from Hazeldine Press Ltd. v. Stockdeck Communications Ltd., 2000 BCPC 152 (CanLII):
[14] Karroll v. Silver Star Mountain (1988), 1988 CanLII 3094 (BC SC), 33 B.C.L.R. (2d) 160 @166 (S.C.B.C.) suggests that there is no general requirement on a party tendering a document for signature to take reasonable steps to apprise the party signing of any onerous terms, or ensure that he reads and understands them. Only where the party knew or should have known that the signing party was not consenting to such terms does an obligation arise.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a party who improperly affixes a seal on a signed document rely on an unaltered copy of the same document later rely on another executed copy? (British Columbia, Canada)
When a contract is signed and signed, can a party who signed it before and at the time of the contract be found to have misrepresented the agreement? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Can a party decline to attend for discovery if there has not been complete discovery of documents by both parties? (British Columbia, Canada)
Can a party claim arrears of maintenance under the terms of a divorce agreement where there has been no application for child support since the divorce agreement was signed? (British Columbia, Canada)
Can a court order that a party provide an affidavit verifying its list of documents when in the absence of any adequate explanation, relevant documents have been omitted from the list? (British Columbia, Canada)
Can a party be found guilty of wilful delay or default for refusing to read documents served to them? (British Columbia, Canada)
What are the exceptions to a contract where the contract is signed by one party to the other's mistake as to the terms? (British Columbia, Canada)
In a matrimonial dispute, what is the obligation of parties to ensure that their affidavits do not contain hearsay, emotional reactions, or inflammatory statements? (British Columbia, Canada)
