QUESTION

I have a document that has April 1, 2011 - March 1, 2011. It was initaled at the very bottom of Contract. I had to go back and look at the document

Asked on Aug 31st, 2011 on Contracts - Kansas
More details to this question:
and noticed that it was incorrect but someone went back and wrote 2012 over the 11. Nobody initialed the correction. Is the document still legal? I was thinking even if it wasn''t corrected, it still isn''t valid. Is that correct? Please HELP
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1 ANSWER

William/J Joanis
The first question is the type of document.  Generally, interlineated initials are used so there is no confusion as to the change.  Here, the intent is somewhat clear:  something was to happen for eleven (or twelve) months.  Writing 2012 over the contract usually doesn't make it unenforceable.  You may have to have a judge determine the intent of the parties, but that is usually the only issue.  Having a mistake in a contract isn't all that unusual, and the court may have to decide what was intended.  The law is not as rigid as you would suggest. The parties' course of conduct and the other terms of the contract, as well as other things are evidence of what the parties intended.  It is the intent of the parties that prevails in law as a general proposition.  
Answered on Sep 04th, 2011 at 7:38 PM

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