ILLITERATE PERSONS

Topic of the day

- Who is an illiterate person

- How can we identify an illiterate person under a contract

- What is the position of the law on contracts entered into by illiterate persons

WHO IS AN ILLITERATE PERSON

Illiteracy is a person who lacks the ability to read and write. This situation may apply to people who have never learned these skills or who have not yet developed these skills to a functional level. Illiteracy can severely limit a person's access to information, education, personal and professional development. This is a challenge that can impact every aspect of an individual’s life, hindering communication, learning and overall social participation. Efforts to reduce illiteracy often involve educational initiatives and programs designed to improve literacy skills.

HOW CAN WE IDENTIFY AN ILLITERATE PERSON UNDER A CONTRACT

Identifying illiterates in contracts involves assessing their ability to read and understand written terms. The process may include various parts and cases:

1. Document analysis: this is done to evaluate the document's readability, taking into account the use of technical or legal terminology thereby looking for signs of difficulty understanding, such as inconsistent signatures or changes.

2. Communication skills: Verbal communication is conducted to gauge an individual's understanding of the terms of the contract. It will also help to assess their ability to express their ideas and express their understanding of key terms.

3. Education: An individual's educational history is investigated to determine their level of formal education. This helps to consider any documented learning disabilities that may affect their reading and comprehension skills.

4. Reading ability test: A standardized test or assessment is administered to measure a person's reading ability. This helps in assessing performance on a task that mimics the cognitive demands of contract understanding.

5. Witness testimony: Interviewing witnesses who may have observed the person's challenges in reading and understanding written information. This helps to collect statements that provide insight into the person's literacy skills in a relevant context.

6. Performance of previous contracts: Reviewing the person's history with contracts and their compliance with the terms also helps to assess whether there are any misunderstandings or non-compliance due to literacy issues.

7. Legal precedent: this helps in recognizing the vulnerability of illiterate individuals in contractual matters. Used as a guide to consider court cases in which illiteracy played a role in contract disputes.

8. Informed Consent Discussion: Engaging in conversations about contract terms helps to ensure individuals understand their implications.

9. Independent advice: Providing individuals with the opportunity to seek independent legal advice or assistance.

10. Cultural and linguistic considerations: Being aware of cultural and linguistic factors that may make it difficult to understand a written agreement helps to recognize any language barriers that may affect the person's ability to understand the terms of the contract.

WHAT IS THE POSITION OF THE LAW ON CONTRACTS ENTERED INTO BY ILLITERATE PERSONS

The legal position on contracts entered into by illiterate persons follows principles designed to protect individuals with limited literacy skills. The following sections outline key aspects and relevant cases in this regard:

1. Capacity and Consent: The law recognizes that illiterate persons may lack the ability to fully understand the terms of a contract. See the case of Williams v. Walker-Thomas Furniture Co. Where the courts review contracts to ensure true consent, especially when one party is illiterate.

2. Unreasonable principle: A contract may be deemed unconscionable if there is a significant imbalance in bargaining power and the terms are unfairly one-sided. See the case of Henningsen v. Bloomfield Motors, Inc. where the court may take advantage of a party's illiteracy or lack of understanding to void a contract.

3. Coercion and undue influence: A contract may be void if one party takes advantage of the other party's illiteracy, exerts undue influence, or uses coercion. See the case of Allcard v Skinner where the court can set aside a contract if there is evidence of undue influence on an illiterate party.

4. Informed consent form and instructions: A court may require a party with superior knowledge to explain the terms of a contract to an illiterate person to ensure informed consent. See the case of Raymond v. Taunton Savings Bank where the court emphasizes the duty to interpret terms in a manner that is understandable to the illiterate.

5. Independent legal advice: Providing illiterate parties the opportunity to seek independent legal advice enhances the effectiveness of a contract. See the case of Curtis v. Chemical Cleaning & Dyeing Co. where the court may consider whether an illiterate party had the opportunity to consult an attorney before entering into a contract.

6. Public policy considerations: The courts may intervene to prevent injustice and ensure the fairness of contracts involving illiterate parties. See the case of Jones v. Star Credit Corp. where the court recognizes its role in protecting the interests of illiterate individuals from oppressive contract terms.

7. Statutory protection: Some jurisdictions have specific statutes or regulations that provide additional protection to illiterate individuals in contractual transactions.

8. Special contract: Certain types of contracts, such as those involving real estate, may impose higher requirements on validity when one party is illiterate.