We will spend the next few posts talking about defenses if a person has signed a document without fully understanding its contents.
A common defense in this situation is: was the person compelled under duress to sign the document?
If there is evidence that the person did not sign a document freely, voluntarily and knowingly, then the document was signed without the person having the capacity to sign the document. If the document is signed by a person who did not have the capacity to sign the document, the signature on the document may be invalid and the contents of the document nonbinding upon the person.
An easy example of duress is if a person is threatened with violence if he does not sign the document. This, of course, is a clear indication that the document was not signed voluntarily.
Of course, if a person is going to present this defense, he must have the evidence to substantiate it.
NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR
IS IT INTENDED TO BE LEGAL ADVICE. IF
THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.
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tausk
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