Handwritten Clause Prevails Over Pre-printed Lease Term
Synthèse Legislator
Généré par l'IAA party, having signed a lease agreement that specified a lower rental amount in a handwritten clause than in the pre-printed text, subsequently sued to have the contract declared null, asserting that the handwritten stipulation was a forgery, which the lower courts rejected, finding that the signature implied acceptance of all terms, including the handwritten one. The highest court quashed the decision, reasoning that when a document contains contradictory stipulations, particularly between pre-printed and handwritten text, the handwritten text, being the specific and later expression of the parties' mutual intent, must prevail over the general pre-printed clause, meaning the lower court erred by not giving precedence to the handwritten lower rent.
Regeste Legislator
Généré par l'IAHandwritten Clause Prevails Over Pre-printed Lease Term: The highest court quashed the decision, reasoning that when a document contains contradictory stipulations, particularly between pre-printed and handwritten text, the handwritten text, being the specific and later expression of the parties' mutual intent, must prevail over the general pre-printed clause, meaning the lower court erred by not giving precedence to the handwritten lower rent.