Spring 2009 Newsletter Content Oh for a little hindsight Can't pay, won't pay? Shock in Essex Car tax You signed it Don't be late Age before beauty? IHT and falling prices More paper Shopping around Less paper PAYE or not PAYE... Flat rate scheme A change of heart There are limits Do your duty Free lunch VAT a mess Dissatisfaction guaranteed Don't believe it! Too late Tax on tick £100 note Temp reminder

You signed it What happens if you sign a contract and fail to read all the small print - then discover that there is something nasty hiding in there? A couple of recent cases have given hope to those who are bewildered by legal jargon, although both of them ended up in court. In one, a builder included a standard term of business in a contract which required all disputes to be referred to arbitration. The customer wanted to take legal action against the builder, but the builder said that arbitration was the only way to go forward. The court held that the builder - a professional person - had an unfair advantage over a private individual. Although it was not an intentional "con", the term should have been given more prominence and more explanation if it was to be included in a standard contract. The builder could not rely on it. In the other case, a franchisee signed a contract in which he appeared to accept that he had not relied on any representations by the franchisor before agreeing to its terms. In fact, the franchisor had fraudulently misrepresented a number of important matters such as likely turnover and profit and the level of risk. The court held that a contract cannot exclude liability for fraudulent misrepresentation - the clause was unreasonable, and the franchisor could not rely on it. It's always better to understand what you are signing - but, if a dispute arises, it's even more important to get a lawyer to confirm what your rights are. You may be bound, but you may not.