Mistake

  • Duty Owed to Illiterates
    Wells Marble & Hurst, PLLC

    The Mississippi Supreme Court has long recognized that "the suggestion of illiteracy cannot prevail for the manifest reason that there cannot be two separate departments in the law of contracts, one for the educated and another for those who are not." For this reason, it is generally held that "a contracting party has a duty to read what he signs and will be charged with knowledge of what he signed even though he fails to read it. [The rule] does not change [simply because] one cannot read or has trouble reading."

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