The amount on the IOU is inconsistent; which one prevails, the numeric or the written form?
[2] Compiled from: Mianchi County Court, Yufa Sunshine
Case review
[3] On September 18, 2021, Fan issued an IOU to Jiao stating, "Today owes Jiao floor tile material payment of eleven thousand five hundred yuan (11570 yuan)." After repeated demands for payment failed, Jiao had no choice but to sue in Henan Mianchi County Court, requesting repayment of the 11570 yuan debt.
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[4] The court held that Jiao's claim for Fan to repay the debt was supported by the IOU and legally valid. Regarding the debt amount, there was an inconsistency between the uppercase and lowercase figures on the IOU. Considering common writing habits, uppercase figures are more complex and require greater concentration, making them less prone to errors than lowercase figures. Additionally, since the lowercase figure was written after the uppercase figure, it should be deemed a supplementary note to the uppercase figure.
[5] According to Article 73 of the Supreme People's Court's Provisions on Evidence in Civil Proceedings, "When the court hears cases where the uppercase and lowercase figures on an IOU or promissory note are inconsistent, it should not rigidly adhere to recognizing either the uppercase or lowercase. Instead, it should combine daily habits, life experience, and logical reasoning to carefully examine the relevant evidence, especially whether other evidence corroborates it. If related evidence aligns with either the uppercase or lowercase figure on the IOU, either can be recognized." The court determined the debt amount based on the uppercase figure, i.e., 11,500 yuan, and ruled that Fan repay Jiao 11,500 yuan.
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[1] The People's Republic of China
Civil Code
[1] Article 142 [Interpretation of Expression of Intent]
[2] For the interpretation of an expression of intent made to a counterparty, the meaning of the expression of intent shall be determined in accordance with the words and expressions used, taking into account the relevant provisions, the nature and purpose of the act, practices, and the principle of good faith.
[3] For the interpretation of an expression of intent not made to a counterparty, the true intent of the actor shall be determined not by rigid adherence to the words and expressions used, but by taking into account the relevant provisions, the nature and purpose of the act, practices, and the principle of good faith.
[4] Article 466 [Interpretation of Contract Terms]
[5] Where a dispute arises between the parties over the understanding of a contract term, the meaning of the disputed term shall be determined in accordance with the provisions of paragraph 1 of Article 142 of this Law.
义。
[1] If a contract is concluded in two or more languages and it is agreed that all versions are equally authentic, the words and expressions used in each text are presumed to have the same meaning. If the words and expressions used in the texts are inconsistent, they shall be interpreted in accordance with the relevant terms, nature, purpose, and the principle of good faith of the contract.
[1] The author's perspective
[2] As can be seen from this case, in daily life, discrepancies between the uppercase and lowercase amounts on an IOU may occur due to clerical errors or other reasons. In such cases, the determination is not necessarily based on the uppercase or lowercase amount, nor on which amount is higher. Instead, it is inferred from other evidence provided by both parties, or based on daily life experience and logical reasoning. Generally, the uppercase amount on an IOU is more stable and credible than the lowercase amount, so courts typically recognize the uppercase amount. IOUs and promissory notes are crucial evidence in economic disputes. Therefore, one must be careful when writing an IOU to avoid unnecessary trouble caused by personal negligence.