Full question:
Is an unauthorized altered contract automatically null and void? A contract was entered and the other party changed the content of the contract and forged my initials before recording it at the court house. I need to know if this contract is now null and void automatically?
- Category: Contracts
- Subcategory: Breach of Contract
- Date:
- State: Arkansas
Answer:
A contract requires that both parties knowingly accept its terms, typically through signatures. If a signature is forged, there is no valid acceptance, meaning the contract cannot be enforced. One party cannot unilaterally change a contract's terms without the other party's agreement. If forgery is proven, the court will likely find that a valid acceptance did not occur, rendering the contract unenforceable.
The legal remedy for this situation is called rescission, which cancels the contract and restores both parties to their original positions before the contract was made. Courts may also consider reformation, which allows them to modify a contract to correct unfairness. Grounds for rescission include fraud, incapacity, duress, undue influence, material breach, or mistake.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.