If there is a mistake on a contract and i dont initial it, does that make it void?

Question

I am paying towards a reception hall and they are calling me and bugging me to pay them in full, but the contract states clearly that the balance must be payed 30 days before the event. She states she needs the money to put towards another event that is coming up. Now my contract is was showing that my wedding is in July 2008 but it is really on June 2008, so she marked it out with a red pen but i never initialed it. Does that make the contract void?I don't want to deal with this woman anymore because she just seems so crooked and what if she doesn't have the money when my wedding comes up! is there any way i can get what i have invested back and cancel the event with her, i am just so confused. Should I trust her. please help!!!

Answer 1

The fact that she changed the date to reflect the actual agreed upon date has no legal significance at all. You should forget about even bringing that up.

Your chances of getting the money you have already given her back are slim to none, not because the law would not allow it, but because she probably doesn't have it anymore.

When you sign a contract with someone, you have to be able to prove that they breached before you can break the contract. The person who breaches first is liable for damages usually up to the amount the other person put forward in performance of their part of the contract terms. You would not be liable for the full amount.


THE FOLLOWING IS HOW YOU GET OUT OF THE CONTRACT:
The fact that she is attempting to violate the terms of the 30 day payment arrangement could be considered a material breach of the contract (Notice I said COULD), and therefore be a means of escape for you. Also, your knowledge of the UNDERCAPITALIZATION of the catering service could serve as a viable excuse if you go ahead and breach the agreement. (By undercapitalization, I mean the business does not have enough money to operate on a day to day basis). This undercapitalization, if artfully put forward could serve as a viable reason for you to feel INSECURE in the arrangment you have with the caterer in that it gives you a reason to believe that SHE WILL NOT PERFORM HER PART OF THE ARRANGEMENT ONCE SHE IS PAID.

I think that you have a very good chance of being able to wash your hands of this person, and if I were your Attorney, I would advise you to go ahead and refuse to pay her ever. I would advise you to send a letter certified mail. (As a matter of fact I would write, sign, and send the letter on my office letterhead), setting forth that you are hereby breaking the terms of your agreement with her, and that you will not be paying her another cent. I would then wait on her to respond. Chances are she will just go away.

The problem is that if you do what I am saying, I am not going to be able to protect you from any action she may take because I am not your lawyer. So, my advice to you is that you go find an attorney, unless you think you can handle the backlash yourself. I could get you out of this, just about any competent attorney could, but the question is whether you can get yourself out of this?

Answer 2

No, it does not. You don't have to have initialed the change. That is just a formality and does NOT need to be followed. Because you both agree that June 2008 is correct, and it has been noted as such & corresponded as such between you, there is no problem with it.
If you wish to cancel the contract, there is usually a liquidated damages provision contained therein that will tell you exactly how to do it & what $ you will be out. If not, go see an attorney. Also, if you have questions about this contract, take the entire contract to an attorney who is licensed to practice in your state.

Answer 3

did she initial it? anyway if payments is to be made 30 days before then that is it, take it to a solicitor and see what they say, she does sound crooked, although if you payed a deposit and cancel she would most likely keep it