4 ms·
You're right that "I didn't read the contract" is an invalid defense in the general case. However, this is an unusual situation. The peculiar circumstances woul
by jarrett 13y ago
You're right that "I didn't read the contract" is an invalid defense in the general case. However, this is an unusual situation. The peculiar circumstances would likely lead the bank to believe they were signing a different contract which they had in fact read. And there is (arguably) some willful deception on the customer's part.
In other words, it's not just carelessness on the bank's part. That alone would not be a sufficient argument. Rather, it's carelessness coupled with the customer's willful exploitation of that carelessness. That may be enough to tip the scales in the bank's favor.
- diminoten 13y agoI don't think it will be, but it would be a landmark case if it were tried here in the US and the decision went in favor of the bank, I believe.