A cautionary tale to anyone signing a document - never assume the document you receive is the same as the one you sent out - even if you sent it with track changes enabled and locked. Always check every paragraph that the wording is the same and that there are no additional paragraphs inserted. A stitch in time saves nine. #CautionaryTale #Contracts #SettlementAgreement #ReadYourContracts #Lawyer #Attorney
CHECK FOR AMENDMENTS BEFORE YOU SIGN THE CONTRACT Look out for track changes. That seems to be the lesson others should learn from this case. Mr and Mrs Wafai decided to buy a chicken restaurant franchise. Mr Nathanael of Casual Dining sent Mr Wafai the standard agreement by email and Mr Wafai amended the agreement to include clause 5.1, which provided that Casual Dining “shall, at its cost, provide a turnkey operation to the Franchisee, which includes, inter alia, the construction of the store, and supply all equipment thereto.” They claim the change was clearly marked up and visible in Microsoft Word. Mr Nathanael received the document, but claims that the changes were not brought to his attention, and he was unaware that any changes had been made to it. He thought it was just the standard agreement. Casual Dining accused the Wafais of taking a "fat chance" to acquire a free business. It explained that Casual Dining is not in the business of providing free franchised businesses.
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9moI read a story* about a guy in Russia who altered the T&C's of the loan agreement the bank sent him. They never checked it and he didn't have to pay it back! *probably an urban myth