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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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During the messy separation of a business partnership I signed

Resolved Question:

During the messy separation of a business partnership I signed a document drawn up by are joint accountant relieving the other partner of any financial liability of a debt we ran up together! Is this a legally binding contract?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name is***** can assist you with this.

tdlawyer :

Did both of you intend this to be a legally binding agreement?

Customer: At the time yes, but under the instruction of our joint accountant who I now know wasn't giving impartial advice, I also was under a lot of pressure and stress when I signed it.
tdlawyer :

Okay. Pressure and stress are not usually good defences to saying an agreement shouldn't be binding. Equally, neither is that the accountant advising you was not impartial.

Customer: Ok thanks.
tdlawyer :

If you could show that the person signing the agreement with you mislead you in some way, that might make it invalid, but you're starting from a position of not great strength I expect.

Customer: Is it dependant upon the wording then?
tdlawyer :

Could be - if there is a misrepresentation of fact in there which induced you to sign the agreement.

Customer: Thanks for your time finally does an account have the power to drawer up a legally binding agreement/contract?
Customer: I've heard story's of solicitors contracts being thrown out in court?
tdlawyer :

Anybody can draw up a contract for others to sign, yes.

tdlawyer :

I would recommend you take the agreement to a solicitor and see if you can find a way of challenging the bits that cause you concern.

tdlawyer :

You might be able to make some argument undue influence, thinking about it, but I expect it will be hard to do.

tdlawyer :

Have a look at this: http://www.e-lawresources.co.uk/Undue-Influence.php

Customer: Thanks for your help
tdlawyer :

UI usually arises in different circumstances, such as where a husband persuades the wife to sign a charge over their house. If this is shown, then it can make the agreement unenforceable.

tdlawyer :

You're welcome.

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