QUESTION

Does a contract get voided if a new one is signed at a later date?

Asked on Aug 27th, 2018 on Breach of Contract - California
More details to this question:
I signed a contract for a fireplace including certain items. The company claimed they lost their copy, I have a copy of the original one, and the company made me sign a new contract. The new contract was missing some of the items the original one had but they didn’t tell me about that. Does the new signed contract void out the original contract?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Generally, a new contract negates any prior contract insofar as they cover the same subject matter.  However, if you can invalidate the second contract for fraud in the inducement, the first one would again be in force.  I don't think  your fraud claim is a very good one because as a general rule you are deemed to have read and understood any document you sign, and if you didn't read it, it is considered your tough luck. but fraud in the inducement still appears to be your best shot.  I know it's too late now, but there was no reason why you needed to sign a new contract; you could simply have copied the original one and provided the copy to the company.  You should never sign a contract without reading and understanding it.
Answered on Aug 27th, 2018 at 12:06 PM

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