Legal Question in Business Law in California

Altering a contract

If a third party (meeting planner) contracts with a hotel on behalf of a company, but alters the contract with higher rates and stiffer penalties, etc. and submits this to the company (unaware of the changes) and then returns the original contract to the hotel with the signature page of the bogus contract, what are the legal ramifications, if any?


Asked on 10/04/00, 1:21 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Altering a contract

If the meeting planner was working as your agent, any dealings for the planner's benefit and contrary to your interests are improper, at minimum contract violations and very probably fraud. You would likely win in court.

If the meeting planner was not your agent but merely an intermediary or, perhaps, an agent of the hotel, in order to prove fraud it would also be necessary to show deliberate concealment and, perhaps, show that you were not negligent in failing to read all the terms, including the pricing, on the instrument you signed.

Since you probably have a good case for fraud, including possibly some punitive damages, it could be well worth your while to have a preliminary free conference with a lawyer who has business fraud prosecution experience. This is especially true if a substantial sum is involved or if you suspect this meeting planner may be involved in a pattern of similar fraud with other clients.

I would be pleased to give you such an initial consultation if you are in Northern California.

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Answered on 11/01/00, 3:41 pm


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