ChatterBank1 min ago
Is the contract worthless?
4 Answers
Yesterday I had a charity worker come up to me in the street whilst I was smoking and pestering me to sign up to the asthma society to donate to monthly. I made my excuses but still couldnt get him off my back so caved in and let him write my particulars down but deliberately gave him my wrong account number (by one digit) and said I didnt remember my sort code.
I signed the contract anyway without sort code or correct account number (I gave him a wrong mobile number too as he arranged to call me back today for the missing bit).
Will the charity still be able to get the bank to authorise payment or find my correct details or is the contract I signed worthless?
I signed the contract anyway without sort code or correct account number (I gave him a wrong mobile number too as he arranged to call me back today for the missing bit).
Will the charity still be able to get the bank to authorise payment or find my correct details or is the contract I signed worthless?
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.Don't worry, the contract is indeed completely worthless. In order for a valid contract to exist there must be consideration for the promise to perform. In English law, a mere gratuity is not a valid contract.
In other words, if I promise to pay you �50, you cannot hold me to this contract UNLESS you have promised to (or have given me) something in return. Whether I promise to pay you �50 for your old car, or an old piece of string is irrelevant in the eyes of the law. It is not for them to inquire into the value of your transaction, it just must have some worth ("a mere peppercorn" would be acceptable in return for payment if this is the bargain a person chooses to make). Bad bargain promises will still be upheld by the courts.
As you have promised to DONATE money, there is no consideration for your promise and therefore it cannot be enforced by the charity.
I do hope this helps??
In other words, if I promise to pay you �50, you cannot hold me to this contract UNLESS you have promised to (or have given me) something in return. Whether I promise to pay you �50 for your old car, or an old piece of string is irrelevant in the eyes of the law. It is not for them to inquire into the value of your transaction, it just must have some worth ("a mere peppercorn" would be acceptable in return for payment if this is the bargain a person chooses to make). Bad bargain promises will still be upheld by the courts.
As you have promised to DONATE money, there is no consideration for your promise and therefore it cannot be enforced by the charity.
I do hope this helps??