Legal Question in Consumer Law in Illinois

Re: Would a contract hold up 100% in court if I was misled after signing the con

A lawyer would have to review and analyze the contract before answering your question.

Re: Would a contract hold up 100% in court if I was misled after signing the con

We are in receipt of your e-mail of 08/03/03. Unfortunately, our present caseload is such that we would be unable to devote the attention to your case that it deserves and must decline representation. We sincerely appreciate your interest in our firm.

Re: Would a contract hold up 100% in court if I was misled after signing the con

Any contract you signed can be upheld by a court as long as it is not illegal.

Re: Would a contract hold up 100% in court if I was misled after signing the con

I not only empathize with you, but I am doing the exact thing you are doing, i.e., suing a moving company.

When I moved my law firm from one location to another, the moving company lost certain objects, and I have sued it for such loss. Fortunately, I did not sign the type of contract typically signed and, therefore, my case might be a bit stronger than your case.

Typically, moving companies force consumers to sign contracts that limit the amount of recovery to a certain amount based upon the weight of the box moved. Thus, if you had a $10K bracelet that weighed only a few ounces, you would only be able to recover pennies on the dollar.

The question of whether your contract will be upheld is quite fact-specific -- what were the circumstances under which you signed the contract? Did the movers make any representations to you or any guarantees? Did they say, "Don't worry about the contract, it's just legal stuff" or words to that effect?

Besides fraud in the inducement, there is something known as a contract of adhesion -- meaning that the contract terms are all boilerplate and you couldn't move w/out signing it.

Depending on the amount at issue -- are you in small claims court? -- you might want to consult an attorney.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

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