Oh what to do, what to do?
Many people don`t read important legal documents which they sign. Many would think that it would be too expensive to get their solicitor to read the document first. Many don`t realize that the other party who drafted the Contract will have inserted clauses which will suit that party only. Many realize to their cost later that they should have taken legal advice before they signed the Contract.
In the case of Bushell Interiors Ltd v Liecht Kuchen A.G. [2014] IEHC 3 (High Court, Moriarty J, 14 January 2014) the High Court, in an action for breach of contract, granted an application brought by the defendant purchaser of high-end kitchens to dismiss proceedings issued by the Plaintiff for want of jurisdiction on the basis that the binding agreement entered into between the parties provided that any disputes arising therefrom should be subject to the jurisdiction of the German courts.
Look before you leap!
Obviously, had the Plaintiff taken advice from his solicitor on the Contract when he signed the Contract initially he would have been advised that, if there was to be a dispute on the Contract, the matter could not be determined by an Irish Court; thus putting greater cost on the Plaintiff to pursue his rights through the German Courts. Perhaps the Plaintiff might have insisted on a change in that contractual term? Perhaps he might have decided not to do business with this German company? Either way, the cost of getting advice from his solicitor at the start would have been considerably less than the cost of having his Claim dismissed by the High Court for want of Jurisdiction.
Sometimes what appears expensive can actually be extremely good value. On many occasions clients don`t appreciate the value which solicitors can provide. Think about it the next time before you consider signing a Contract without the benefit of legal advice.