185722, RE: Do you think criminal action should go against people who draw up bad contracts?|
Posted by Burt Reynoldz, Tue Aug-04-09 10:54 AM
Being an attorney (well, at least I will be when I find out the results of the bar exam I just took), the answer to that is either "Yes, if..." or "No, but..." Basically, if the contract was signed/formed under certain circumstances such as duress, or fraud/false representation, then sure, you can bring certain amounts of liability against the offending party. To that end though, it won't ever be criminal liability. You could always have an action for breach of contract (which would usually amount to either expectation or reliance damages), or you could have an action to have the contract voided as not being valid under any number of reasons (such as fraud, duress, etc.)
However, the general rule is that if you sign a contract, you are more or less acknowledging that you read and agree to the terms. That's why you get a lawyer.