The amount on the IOU is inconsistent; which one prevails, the numeric or the written form?

📅 2023-07-18 📂 Zhiming Hot Comments Zhiming Hot Comments 🏷️ #IOU #Civil Code #Private Debt #Repayment #Amount

[2] Compiled from: Mianchi County Court, Yufa Sunshine
 
Case review
On September 18, 2021, Fan issued an IOU to Jiao, stating “I owe Jiao 11,570 yuan (eleven thousand five hundred and seventy yuan) for floor tile materials.” After Jiao made numerous demands for payment to no avail, Jiao had no choice but to file a lawsuit with the Mianchi County Court in Henan Province, requesting repayment of the 11,570 yuan owed.


[1] Image source from the internet; if infringement occurs, please delete!

 

[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.
 
Pursuant to Article 73 of the Provisions of the Supreme People's Court on Evidence in Civil Procedures, which states: "When a court hears a case where the amount in words and the amount in figures on an IOU or a debt note are inconsistent, it shall not rigidly adhere to determining whether the amount in words or the amount in figures shall prevail. Instead, it shall, in light of ordinary customs and life experience and by logical reasoning, carefully examine the relevant evidence, particularly whether there is other evidence to corroborate the amount. If the relevant evidence is consistent with either the amount in words or the amount in figures on the debt note, either the amount in words or the amount in figures may be upheld." The court determined that the amount of the debt shall be based on the amount in words, namely 11,500 yuan, and ruled that Fan shall repay Jiao the debt of 11,500 yuan.
 
 
The [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.
Righteousness.
[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.

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