Contract and Charges - Legal advise sought.

by cLm 07 March 2010 |

6 comments | Love

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Ok this is rather complicated but will try to explain best as possible.

Me and my partner own a 50% share of UK Ltd company which went into business with another company. The terms of the contract were tied by a penalty clause which will only be invoked if delivery failed from our company. As a result adequate documents were signed and given to the offshore company. During time, the UK ltd company failed to deliver, and as a result the other company has now invoked the charge.
My other partner is now claiming that he didn't know anything about this contract, and is even claiming that he didnt sign any contracts or other documents, which are witnessed as well..
What are my legal options. Can I get the signatures tested? What value does this hold in court.
He may have twisted the signatures slightly (knowing he was going to do this later).
Pls advise accordingly, and I am happy to provide futher information.

Thanks
cLm

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Comments (6)

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MikeGG1 posted
That is why signatures get witnessed. The witness should be able to confirm that your partner did sign the contract.
Mike
Posted on 07 March 2010 | Love 0 loves Report
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cLm posted
Thanks Mike
I wanted to check is what holds weight in the court. Is it the witness or the Attestation report.
The problem here is that the originals have gone missing and the only documents are the copies.
I am looking to speak with ppl who may have had a similar experience as well.
Thanks
Posted on 08 March 2010 | Love 0 loves Report
804

MikeGG1 posted
The other company, presumably, still have an original copy. If so, they should be able to supply a copy endorsed by a Notary.
Mike
Posted on 08 March 2010 | Love 0 loves Report
272

Swarbs posted
What holds weight in court is the ability of the other company to show that you freely entered into this contract. The decision is made by the court based on the weight of evidence, including the signature itself, the witnessing and the attestation. If you wish to have the contract rescinded, you have to provide evidence to show that your partner did not sign the contract. From your point of view, you will have to show that the signature was forged and that the witness was either misled or falsified their agreement. Be aware that the other company can also present evidence, including hiring their own handwriting expert and providing the witnesses. The court will listen to the evidence from both sides and make a decision on the enforceability of the contract.
You should also be aware that, even if the written contract is rescinded, the court can still conclude that a contract existed between the companies for delivery of the goods, based on the verbal agreements between the two companies, agreements about prices and quantities and delivery times etc. If the court rules that there was a contract between the two companies, and your company failed to deliver, you are still in breach of contract, and will be liable for any damages the other company incurred. So, for example, if your company's failure to deliver caused the other company to fail to fulfil an order, you may be liable for their lost profit from this order. If this is the case, then the court will make an award at its discretion.
Posted on 08 March 2010 | Love 1 love Report
804

MikeGG1 posted
I suspect that Swarbs may have missed the point of the question because I read it as being a dispute between the poster and his partner over the penalty charges being imposed by the other company.
My apologies if that is not the case.
However, Swarbs comments with regard to the acceptability of evidence are valid in any case.
Is it your contention that your partner did sign and is now trying to wriggle out of having to honour his part of the penalty charges?
If he didn't sign it and you were misled into believing that he had then that could be a reason for neither of you being liable.
Mike
Posted on 08 March 2010 | Love 0 loves Report
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cLm posted
you two are both correct. However there is some other details that I would like to share however wont like to post the details here.
my email is clearmyloan@gmail.com
Posted on 08 March 2010 | Love 0 loves Report

Contract and Charges - Legal advise sought.

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