Legal Question in Employment Law in California
I understand that an agreement is automatically void if it is signed under false pretense or duress and if it contains errors. Is this true or is there a chance such an agreement might hold up in court? Is there a way to officially rescind such an agreement?
1 Answer from Attorneys
In practical terms, an agreement is not void until and unless the parties agree that it is void or, assuming they do not agree, a judge says it is void. Whether there were false pretenses or duress can (and often is) disputed by the parties, and that is where the judge comes in.
As for "errors" the effect of those errors depend on the nature of those errors. Minor errors, for example, are probably inconsequential.
You can rescind an agreement by sending a notice of rescission and/or file a lawsuit seeking to declare the agreement rescinded. The party who receives the notice of rescission may still have a claim for damages for breach of contract or similar claims.
If the agreement involves less than $7,500, the matter can be heard in small claims court without lawyers. Otherwise, you might consider consulting with one.
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