Comment by aedron
7 years ago
A long time ago I joined IBM via an acquistion of the company I worked for. One part of the (lengthy) contract I had to sign, was a form listing any side projects I may have that I would be required to no longer work on. I simply omitted that page when I returned the contract and no one ever noticed.
I'm curious. Anyone care to outline the legal ramifications of this action? What would happen if IBM tried to stop his side-project?
1. Would IBM be able to enforce the original contract as it was outlined when they sent it to him? Would he be liable to fraud or other similar charges (for instance if he altered the contract after IBM representative added their signature)?
2. Or would the altered contract stand up in court?
This reminds me of that extreme example of altering the contract: https://www.telegraph.co.uk/finance/personalfinance/borrowin...
I routinely alter almost every contract I receive. It drives a lot of doctor offices/emergency rooms nuts. But they have so far always calculated that their liability will be higher if they refuse service than if they allow me to cross out the part that says I won't sue them if they kill me.
It is a point of amusement to me to see that the receptionist is extremely uncomfortable agreeing to the terms I have come up with in the last five minutes. They don't think it is reasonable for me to expect them to execute the altered contract without consulting attorneys. I point out that five minutes ago they asked me to sign a contract without consulting a legal expert. Their multi-page contract had been painstakingly drafted by a team of expensive lawyers and meticulously tweaked over years. Yet they gave me mere seconds to read it, understand it, and sign it under duress of not receiving medical attention. If they balk at the contract I hand back to them, how can they expect me not to balk at the original contract?
On the other hand, if they refuse to provide medical care because I wouldn't sign away my rights to any photographs that might be submitted to medical journals, they had better be very confident in their lawyers.
Banks, rental agencies, repair shops, etc., on the other hand, can safely refuse my revised contract. Most don't glance at them when I hand them back.
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Very interesting read. However, he changed it before the bank added their signarture. I imagine that if you change the contract after a signature is added by one party, and then add your own signarture, that would surely be fraud... right?
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IANAL, nut I would say 2. You can alter a contract proposition. It was up to IBM to check what was actually signed.
At least for real estate contracts in the US, both parties have to initial each of the alterations and amendments to the contract that typically come up during negotiations. I doubt a random line crossed out in a contract would hold any legal weight in court unless acknowledged by both parties.
On the other hand, if I intentionally mislead you about the contents of a contract, it might not be binding. If you hand me a 10 page document, I pencil something in on page 7, sign it and hand it back to you without notifying you of the change, I don't thing you'd be required to honour my modifications.
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