How to avoid the transaction, which was concluded due to a mistake or under the misapprehension?

27 December 2024
If a counterparty did not tell you about important circumstances or conditions of transaction, and they are unprofitable for you, you can submit evidences, confirming that your company paid enough attention to contract, but the counterparty intentionally failed to notify you of the details of the transaction. In the lawsuit № Ф04-2788/2023 parties agreed with selling an oil pipe. After making this transaction a party found out that the pipe was with oil residue, it did not correspond to the characteristics that were specified in the terms of the transaction. The seller did not tell it, and the court admitted this contract was void and obligated seller to return a payment to the buyer. So, we recommend to tell that conditions were not clear for you and they were not mentioned in the contract in details. You should show to the court that you have no chance to find out details about transaction before signing a contract because of the seller in bad faith. Besides, in the Determination Nr. 16-KG23-6-K4 the Supreme Court maintained that it is possible to admit the contract illegal if the company made mistakes or misprints in the contract. Such mistakes are admitted a material misrepresentation to customers. For example, the court admitted small price in the programmer’s site is valid and refused to admit transactions invalid. We advise you to refer to the fact that parties did not have equal conditions, and this mistake was obvious to the counterparty. In any cases the court takes into account as metal health as physical health of the party, that signed a contract. For example, in the case № 2-3357/2023 a pensioner was in the process of reissuing real estate documents. Fraudsters cheated her and made a gift agreement. Thus, the court took the pensioner’s side and admitted a gift agreement was invalid. We advise you pay attention to the fact that reasons must be objective and obvious. For instance, if you were ill and you made such transactions, this transaction would not be admitted invalid.

News

Unexpectable decision of Russian court about admission the decision of foreign court legal in Russia.

In this article we will tell you about how Arbitration Court in Saint-Petersburg admitted the decision of German court legal. The amount of this lawsuit was about 150 000 euros. However, the defendant submitted the appeal claim to this decision and the end results are not known now.

More
How new contract can restart the term of limitation in old debts?

We will tell you about situations, in which the contract with retroactive effect can be helpful for debts recognition.

More
How to avoid the admission that transaction is simulated?

We want to tell you how to protect your transactions from the admission them simulated by tax authorities.

More
New trends in labor disputes: the Supreme Court supports companies in disputes with bad faith employees

In this article we will tell you about new decisions of the Supreme Court, where it took the side of employers in labor relations and admit employees’ actions in bad faith.

More
Which terms and conditions of the contract can be excluded from it?

We will tell you how to exclude from the contract some clauses, which the law does not prohibit there, however, they are not beneficial

More
The Supreme Court creates new practice on the issue of the exclusion of a participant from a limited liability company even if his share is 50% and more

We will tell you about the new practice, which is increasingly being created by the Supreme Court of the Russian Federation

More
How can advertising attract employees of the Federal Antimonopoly Service instead of customers and how can you minimize the risks of this?

We will share with you information about risks minimization of advertising on different services, and avoidance questions from the Federal Antimonopoly Service about your advertising

More
Why do courts not recognize unilateral refusal, when a company repudiates a contract?

We want to discuss, why Russian courts take a negative position in situations, where a company unilaterally refuses to fulfill its obligations under a contract

More
Supreme Court ruling on the Bank's unlawful refusal to forcing conversion

In this article we will discuss the recent ruling of the Supreme Court of the Russian Federation

More
How avoid getting claims from employees about the use of their photos in social networks and on the company's website?

We will tell you about how to avoid such situations, when it seems that the employee agrees to use his photos

More