Page 45 - The Circle of Life

you. You have to understand the terms and conditions. Many a party to the

contract simply don't understand it and is too shy or ashamed or whatever to
ask until he understands. There is no other way for once you sign (there are
many PhDs on what a signature is) the law, being neutral, accepts and takes for

granted you understood what you signed. That is why you make your mark on

every page. It indicates you read and understood the terms and conditions on
that page. It also places the burden of prove on you to show to the court you did
not understand and you will have to explain why you signed something without

understanding it. This will not only make you look foolish but is an uphill battle

to prove. Do not sign what you don't understand. It is really as simple as that.

I believe in drafting contracts as simple as possible and as short as possible

which is a good rule as there are seldom come backs. Unfortunately it is not
popular for lawyers are paid for every page they produce and making it shorter

attacks the bottom line. You can read about this (legal) tactic in Tricks of Trade -
Memories of a Rogue Lawyer if you wish. It confuses you even more if it is

longer than two pages and I worked with contracts of 2000 pages and more
which is so boring that you fall asleep just looking at it.

Naturally the counter argument is that certain clauses must be there and it is to

protect your client. Besides, no-one forced you to sign in the first place and
(highly theoretical) you had access to your own lawyers to advise you before you

signed anyway. This is all true and legally correct arguments.

Secondly, the parties must be legally capable of concluding a binding contract.
Signing a contract means you must be of sound mind when you sign it. In other
words be able to understand and appreciate what is happening around you. So

what happens if you are insane and you sign? Or you are drunk? Or someone

points a revolver at you to make you sign? Simply, the contract is null and void
as if it never happened and the parties revert back to the position they were
before the contract was signed. In other words everyone takes back what he

gave. In law we call this restitutio in integrum. It must be said other things can

also happen like a claim for damages. Or a claim to force you to comply with the
contract but that is not possible in marriage though it used to be. There was a

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